Are you being sued for tortious interference with an expectancy interest in West Palm Beach? Even though it is in civil Court you may want to consult a Florida probate lawyer or probate litigation attorney to see if the judgment can be set off by collateral sources. Do you know what a collateral source of payment is?
What is the Collateral Source Doctrine?
- Florida probate litigation can get heated and sometimes spill over into civil court where you will have a claim for tortious interference.
- If you and your Florida trust lawyer know that the other side has gotten money from other sources such as the decanted trust or part of the estate distributions.
- Estate lawyers in Florida know that an injured party only has a right to one collection to make them whole.
- That does not stop the other side’s Florida Estate lawyer from pursuing over payment, it is your attorney’s job to prevent that.
- Probate attorneys Florida are always on the look out for ways to reduce their client’s liability if possible and the collateral source rule provides such an avenue.
- Do you know how it works?
- Basically money that came in from other forms that were aimed at making that person whole for the injury set of the damages award.
- That means an insurance policy pay out could possible eviscerate the entire judgment against you in West Palm Beach!
- That is a big deal for a probate lawsuit!
- Check out this recent case that Florida estate attorneys may use in the future to highlight the collateral source rule at work.
Humana v. Reale
- This was a lawsuit based upon an insurer’s right to subrogation.
- In other words they wanted paid out from the lawsuit after they had fronted money.
- Things only got more complicated once the appeals court got involved because there was a legitimate debate about what statutes even applied.
- One thing was for sure though the collateral source rule did not apply.
- That means that the defendants spent a ton of money seeking a reduction in damages only to lose!
- Those added legal fees only made the lawsuit a bigger loss for them.
- This is why you need an experienced Palm Beach probate law firm on your side before you make the big decisions.
Want to learn more?
Check out the entire case by clicking here.
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