The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
As a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their injuries.
A collateral benefit, however, is a financial gain that the claimant would not have received had they not been injured, and is ignored when assessing damages.
The main examples of collateral benefits where the claimant is not required to give credit are:
payments made under an insurance policy
charitable gifts of third parties
state retirement pension
other pensions (although note that ill health and retirement pensions paid prior to the claimant's retirement age are treated differently from those paid after the normal retirement age: see Practice Note: Loss of pension—personal injury claims)
There is no specific test for assessing whether a financial gain is to be treated as a collateral benefit and each
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