60-3801. Definitions. - Kansas Statutes

60-3801

Chapter 60.--PROCEDURE, CIVIL Article 38.--COLLATERAL SOURCE BENEFITS

      60-3801.   Definitions.As used in this act:

      (a)   "Claimant" means any person seeking damages in an action forpersonal injury or death, and includes the heirs at law, executor oradministrator of a decedent's estate.

      (b)   "Collateral source benefits" means benefitswhich were or are reasonably expected to be received by a claimant, or bysomeone for the benefit of a claimant, for expenses incurred or reasonablycertain to be incurred as a result of the occurrence upon which thepersonal injury action is based,except life ordisability insurancebenefits or benefits gratuitously bestowed on the claimant. Such term shallnot include: (1) Services or benefits for which a valid lien or subrogation interestexists; however, nothing in this act shall be construed to create or modifylien or subrogation interests not otherwise allowed by law; and

      (2)   amounts included as part of a criminal sentencing order or pursuantto state programs of victims assistance incurred by virtue of the defendantalso committing a criminal act.

      (c)   "Cost of the collateral source benefit" means the amount paid or tobe paid in the future to secure a collateral source benefit by the claimantor by anyone on behalf of the claimant.If the amount of any benefit paid or to be paid encompasses amounts paidover a period of time, thus making the benefit greater than it would bewithout such amounts paid, then evidence of such amounts paid shall beadmissible in determiningthe "cost of the collateral source benefit."

      (d)   "Net collateral source benefits" means the sum of collateral sourcebenefits after subtracting the cost of the collateral source benefit.

      History:   L. 1988, ch. 222, § 1; July 1.