Working Paper No. 08-57:
Collateral Source and Tort's Soul
Jeremy Kidd, Michael Krauss
Date Posted: September 2008
Abstract (below) | Full text (most recent) on SSRN
Tort reformers have had a modicum of success in their efforts to eliminate or restrict the Common law's Collateral Source Rule. Interestingly, this rule has been largely neglected by tort theorists. The authors present a coherent and complete theory of collateral source, and develop twenty-three original thought experiments to operationalize this theory. They argue that, though other areas may merit tort reform, the collateral source rule is not among them. Modification of the collateral source rule endangers "Tort's soul", that is, imperils the integrity of tort law.