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Understanding the Collateral Source Rule in Georgia: Protecting Victims' Rights

Posted by Bud Bullock | May 19, 2023 | 0 Comments

In the realm of personal injury law, the collateral source rule plays a crucial role in ensuring fair compensation for victims. Georgia, like many other states, has its own interpretation of this rule. The collateral source rule essentially prevents a defendant from reducing their liability by introducing evidence that the plaintiff has received compensation from sources unrelated to the defendant's actions. Let's delve into the specifics of how the collateral source rule operates in Georgia.

Georgia's collateral source rule aims to protect victims and prevent unjust enrichment by defendants. The rule stipulates that any compensation received by the plaintiff from a collateral source, such as insurance benefits or government assistance, cannot be used by the defendant to diminish their liability. In other words, the defendant is responsible for the full extent of damages caused, regardless of other financial support the plaintiff may have received.

While the collateral source rule is generally applied in Georgia, there are exceptions and limitations. For instance, if the defendant can prove that the plaintiff double-dipped by receiving duplicate compensation from both the defendant and a collateral source, the court may consider reducing the defendant's liability accordingly. Additionally, the rule may not apply if the plaintiff's collateral source payment was funded by the defendant or if the defendant has already reimbursed the collateral source.

The collateral source rule in Georgia serves as a powerful protection mechanism for personal injury victims. It ensures that victims can recover the full extent of their damages, regardless of other compensation they may have received. This allows victims to seek adequate medical treatment, rehabilitation, and support without being penalized for having insurance coverage or other financial resources.

The collateral source rule in Georgia is a crucial component of personal injury law. It safeguards victims' rights by preventing defendants from reducing their liability based on compensation received from sources unrelated to the defendant's actions. While exceptions and limitations exist, the rule generally helps victims receive fair and just compensation for their injuries. By understanding and upholding this rule, the legal system in Georgia can continue to prioritize the protection of victims and ensure that they receive the compensation they deserve.

About the Author

Bud Bullock

Bud Bullock grew up in a large family outside of Wilmington, Delaware. Excelling in the classroom and on the athletic fields, he was recruited by Harvard University as a quarterback. In his sophomore year, Bud broke his ankle in three places, requiring multiple surgeries and extensive rehabilitat...


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