31.580 Effect of collateral benefits
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/or/ors-chapter-31/tort-actions/collateral-benefits/31-580·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
31.580 Effect of collateral benefits.
(1)In a civil action, when a party is awarded damages for bodily injury or death of a person which are to be paid by another party to the action, and the party awarded damages or person injured or deceased received benefits for the injury or death other than from the party who is to pay the damages, the court may deduct from the amount of damages awarded, before the entry of a judgment, the total amount of those collateral benefits other than:
(a)Benefits which the party awarded damages, the person injured or that person’s estate is obligated to repay;
(b)Life insurance or other death benefits;
(c)Insurance benefits for which the person injured or deceased or members of that person’s family paid premiums; and
(d)Retirement, disability and pension plan benefits, and federal Social Security benefits.
(2)Evidence of the benefit described in subsection
(1)of this section and the cost of obtaining it is not admissible at trial, but shall be received by the court by affidavit submitted after the verdict by any party to the action. [Formerly 18.580]