What principle applies if the injured party receives compensation from a source independent of the tortfeasor?

The principle that applies when the injured party receives compensation from a source independent of the tortfeasor is based on the concept of collateral sources. Generally, if an injured party has received compensation from a collateral source, such as insurance proceeds or other benefits, this compensation is typically not deducted from the damages awarded in a tort claim.

However, the assertion that it "may only apply if there is statutory authority" suggests a specific context where statutory law might dictate how such collateral source payments affect the tort recovery. In many jurisdictions, statutes can introduce rules about the treatment of collateral source payments, potentially allowing for a deduction from the damages awarded to the claimant.

In some scenarios, this means that if there is a law indicating that such payments should be considered or deducted from the total recovery, then the injured party's ability to claim the full amount of damages may be affected. This distinction is crucial because tort law generally favors allowing the injured party to recover from a tortfeasor without the influence of unrelated payments, unless a statute explicitly states otherwise.

Understanding the role of statutory authority concerning collateral sources is vital, as it can influence how much an injured party can ultimately recover from the tortfeasor, thereby impacting the balance between compensation and financial responsibility