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Legal Terms - collateral benefits
benefits that a victim of a tortious harm receives from a third party as a result of the accident; examples include insurance money, presents from a disaster appeal fund, loans, sick pay, disability pensions, and social security benefits. When determining the damages that the party responsible for the injury must pay, some collateral benefits—like insurance money and gifts—are considered, while others are not.
The Social Security (Recovery of Benefits) Act of 1997 mandates that the victim's social security benefits for the first five years following the injury, or until the compensation payment is made, be deducted from the total damages awarded by the court or agreed upon through settlements, and then reimbursed to the state. Three components make up compensation under the Act: loss of earnings, care costs, and loss of mobility. Only the state's benefits may be subtracted from the
pertinent head of the awarded damages. The amount of damages granted for pain and suffering cannot be reduced by any advantages.
benefits that a victim of a tortious harm receives from a third party as a result of the accident; examples include insurance money, presents from a disaster appeal fund, loans, sick pay, disability pensions, and social security benefits. When determining the damages that the party responsible for the injury must pay, some collateral benefits—like insurance money and gifts—are considered, while others are not.
The Social Security (Recovery of Benefits) Act of 1997 mandates that the victim's social security benefits for the first five years following the injury, or until the compensation payment is made, be deducted from the total damages awarded by the court or agreed upon through settlements, and then reimbursed to the state. Three components make up compensation under the Act: loss of earnings, care costs, and loss of mobility. Only the state's benefits may be subtracted from the
pertinent head of the awarded damages. The amount of damages granted for pain and suffering cannot be reduced by any advantages.
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