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New Jersey’s Collateral Source Rule Doesn’t Let Plaintiff’s Double Dip
New Jersey’s collateral-source statute, N.J.S.A. provides in relevant part: 2A:15-97,
In any civil action brought for personal injury or death, if a plaintiff receives or is entitled to receive benefits for the injuries allegedly incurred from any other source other than a joint tortfeasor, the benefits, other than workers’ compensation benefits or the proceeds from a life insurance policy, shall be disclosed to the court and the amount thereof which duplicates any benefit contained in the award shall be deducted from any award recovered by the plaintiff.
Under New Jersey law, defendants get the benefit of the Plaintiff’s disability and pension policies. Not every state dive the benefit to the defendant. It is odd that money is deducted from the Plaintiff’s award because he or she planned ahead and purchased insurance coverage in the event that they were injured and out of work.
