Legal Question in Personal Injury in Pennsylvania

Re: Liability for Personal Injury

The traditional rule, called the collateral source rule, is that the defendant (assuming fault) is liable for all medical costs, regardless of insurance coverge. Insurance is to benefit the person who's insured, not the party who causes injury.

Often, the insurance company has a right to get reimbursed. That's called a subrogation lien.

However, in Pennsylvania, statutes have created exceptions in some areas, particularly automobile accidents, medical malpractice, and government liability. Where those statutes apply, a plaintiff can't claim the expenses which have been paid by insurance. This combination of rules which often conflict with each other is major pain for us lawyers handling these cases.