(a) "Claimant" means any person seeking damages in an action for personal injury or death, and includes the heirs at law, executor or administrator of a decedent's estate.
(b) "Collateral source benefits" means benefits which were or are reasonably expected to be received by a claimant, or by someone for the benefit of a claimant, for expenses incurred or reasonably certain to be incurred as a result of the occurrence upon which the personal injury action is based, except life or disability insurance benefits or benefits gratuitously bestowed on the claimant. Such term shall not include: (1) Services or benefits for which a valid lien or subrogation interest exists; however, nothing in this act shall be construed to create or modify lien or subrogation interests not otherwise allowed by law; and
(2) amounts included as part of a criminal sentencing order or pursuant to state programs of victims assistance incurred by virtue of the defendant also committing a criminal act.
(c) "Cost of the collateral source benefit" means the amount paid or to be paid in the future to secure a collateral source benefit by the claimant or by anyone on behalf of the claimant. If the amount of any benefit paid or to be paid encompasses amounts paid over a period of time, thus making the benefit greater than it would be without such amounts paid, then evidence of such amounts paid shall be admissible in determining the "cost of the collateral source benefit."
(d) "Net collateral source benefits" means the sum of collateral source benefits after subtracting the cost of the collateral source benefit.
History: L. 1988, ch. 222, § 1; July 1.
History: L. 1988, ch. 222, § 2; July 1.
History: L. 1988, ch. 222, § 3; July 1.
History: L. 1988, ch. 222, § 4; July 1.
(1) Such judgment was reduced pursuant to subsection (a) of K.S.A. 60-258a and amendments thereto;
(2) the claimant's ability to recover such judgment was limited by the application of subsections (c) and (d) of K.S.A. 60-258a and amendments thereto, other than by virtue of claimant's settlement with or decision not to assert a legally enforceable claim against a named or an unnamed party;
(3) the amount to which the claimant's ability to recover such judgment was limited by the insolvency or bankruptcy of a person; and
(4) the award of damages has been reduced because of a statutory limit upon the recovery of damages.
(b) If there is no amount falling within subsections (a)(1) through (a)(4) then the court shall reduce the judgment by the full amount of the net collateral source benefits.
History: L. 1988, ch. 222, § 5; July 1.
History: L. 1988, ch. 222, § 6; July 1.
History: L. 1988, ch. 222, § 7; July 1.