{"id":1321,"date":"2017-02-06T09:24:57","date_gmt":"2017-02-06T15:24:57","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1321"},"modified":"2020-02-24T10:02:27","modified_gmt":"2020-02-24T16:02:27","slug":"plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/","title":{"rendered":"Plaintiff\u2019s Award Initially Reduced Due to Insurance Coverage but Restored on Appeal"},"content":{"rendered":"<p>In a recent case, the plaintiff brought a personal injury claim against another driver and his company after he was injured in a car accident. The case proceeded to trial, and a jury found in favor of the plaintiff. The jury awarded him $84,283 in economic damages and $40,000 in noneconomic damages.<\/p>\n<p>The defendants argued the award should be reduced, since the plaintiff paid only $1,941 toward his medical expenses, and his insurance had paid the rest. Initially, the trial court agreed and reduced the award to $24,299. It took the original economic damages award and reduced it by the cost to secure the collateral source benefits of approximately $58,000, resulting in the award of $24,299.<\/p>\n<p>However, the state\u2019s supreme court reversed the <a href=\"https:\/\/law.justia.com\/cases\/connecticut\/supreme-court\/2017\/sc19547.html\" target=\"_blank\" rel=\"noopener noreferrer\">case<\/a> on appeal and held the plaintiff\u2019s award should not have been reduced. The court explained that normally, a state statute allowed an award to be reduced if the expenses were paid by another source. But the court further explained that this rule did not apply if the other payer was entitled to reimbursement from the plaintiff. Since in this case, the insurance company had a right to be reimbursed, even if only for a portion of the amount, the award should not have been reduced.<\/p>\n<p> <a href=\"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/#more-1321\" class=\"more-link\">Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a recent case, the plaintiff brought a personal injury claim against another driver and his company after he was injured in a car accident. The case proceeded to trial, and a jury found in favor of the plaintiff. The jury awarded him $84,283 in economic damages and $40,000 in noneconomic damages. The defendants argued [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28,15],"tags":[],"class_list":["post-1321","post","type-post","status-publish","format-standard","hentry","category-car-accidents","category-personal-injury-legal-theories"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Plantiffs Award Restored on Appeal | Moll Law Group Blog<\/title>\n<meta name=\"description\" content=\"The Plantiffs Award was initially reduced due to insurance coverage, but was restored on appeal. Click HERE to learn more.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Plantiffs Award Restored on Appeal | Moll Law Group Blog\" \/>\n<meta name=\"twitter:description\" content=\"The Plantiffs Award was initially reduced due to insurance coverage, but was restored on appeal. 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Click HERE to learn more.","twitter_misc":{"Written by":"Moll Law Group","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/#article","isPartOf":{"@id":"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/"},"author":{"name":"Moll Law Group","@id":"https:\/\/www.molllawgroup.com\/blog\/#\/schema\/person\/53d2eb37d5d0cdb46ac61abacf05ce90"},"headline":"Plaintiff\u2019s Award Initially Reduced Due to Insurance Coverage but Restored on Appeal","datePublished":"2017-02-06T15:24:57+00:00","dateModified":"2020-02-24T16:02:27+00:00","mainEntityOfPage":{"@id":"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/"},"wordCount":681,"articleSection":["Car Accidents","Personal Injury Legal Theories"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/","url":"https:\/\/www.molllawgroup.com\/blog\/plaintiffs-award-initially-reduced-due-insurance-coverage-restored-appeal\/","name":"Plantiffs Award Restored on Appeal | Moll Law Group Blog","isPartOf":{"@id":"https:\/\/www.molllawgroup.com\/blog\/#website"},"datePublished":"2017-02-06T15:24:57+00:00","dateModified":"2020-02-24T16:02:27+00:00","author":{"@id":"https:\/\/www.molllawgroup.com\/blog\/#\/schema\/person\/53d2eb37d5d0cdb46ac61abacf05ce90"},"description":"The Plantiffs Award was initially reduced due to insurance coverage, but was restored on appeal. 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