Collateral source rule has to go

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. His views are his own and not those of his firm or its clients.

Posted August 19, 2020 9:21 AM

Justice is about what one is entitled to; what one deserves. Fair civil procedure is essential because without it, justice cannot be achieved. In the tort context, justice means using the award of money as the means to place the plaintiff back in the position they would have been had the tort not been committed.It was for this reason that the common law never developed wrongful death and survival claims as tort claims were seen to abate with the death of the injured person. Beginning in the mid-19th century statutes were …

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