Tort Actions

ORS 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]

Notes of Decisions

This section does not control entitlement to offset benefits established under ORS 734.640. Bird v. Norpac Foods, Inc., 132 Or App 349, 888 P2d 118 (1995), aff’d 325 Or 55, 934 P2d 382 (1997)

Billed amounts later written off by medical services provider are collateral source benefits. White v. Jubitz Corp., 219 Or App 62, 182 P3d 215 (2008), aff’d 347 Or 212, 219 P3d 566 (2009)

Medicare write-offs are federal Social Security benefits that may not reduce amount awarded claimant for incurred medical expenses. White v. Jubitz Corp., 219 Or App 62, 182 P3d 215 (2008), aff’d 347 Or 212, 219 P3d 566 (2009)

Oregon Health Plan write-offs are federal Social Security benefits that may not reduce amount awarded claimant for incurred medical expenses. Cohens v. McGee, 219 Or App 78, 180 P3d 1240 (2008), Sup Ct review denied

Under collateral benefits rule, defendants may not submit evidence at trial that government or some other third party will replace decedent’s services to plaintiff at low or no cost. Tedrow v. Swift Transportation Company of America, LLC, 2020 WL 1154761 (D. Or. 2020)

Law Review Citations

24 WLR 313 (1988); 69 OLR 476 (1990)

Source

Last accessed
May 30, 2023

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