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60-3805

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

60-3805. Same; reduction of the judgment.(a) The amount of the judgment shall be reduced bythe court by the amount of net collateral source benefits received, orreasonably expected to be received in the future butonly to the extent that such benefits exceed the aggregate amount by which:

(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 theapplication of subsections (c) and (d) of K.S.A. 60-258a and amendmentsthereto, other than by virtue of claimant's settlement with or decision notto assert a legally enforceable claim against a named or an unnamed party;

(3) the amount to which the claimant's ability to recover such judgmentwas limited by theinsolvency or bankruptcy of a person; and

(4) the award of damages has been reduced because of a statutory limitupon 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 thenet collateral source benefits.

History: L. 1988, ch. 222, § 5; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article38 > Statutes_24453

60-3805

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

60-3805. Same; reduction of the judgment.(a) The amount of the judgment shall be reduced bythe court by the amount of net collateral source benefits received, orreasonably expected to be received in the future butonly to the extent that such benefits exceed the aggregate amount by which:

(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 theapplication of subsections (c) and (d) of K.S.A. 60-258a and amendmentsthereto, other than by virtue of claimant's settlement with or decision notto assert a legally enforceable claim against a named or an unnamed party;

(3) the amount to which the claimant's ability to recover such judgmentwas limited by theinsolvency or bankruptcy of a person; and

(4) the award of damages has been reduced because of a statutory limitupon 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 thenet collateral source benefits.

History: L. 1988, ch. 222, § 5; July 1.

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Statutes > Kansas > Chapter60 > Article38 > Statutes_24453

60-3805

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

60-3805. Same; reduction of the judgment.(a) The amount of the judgment shall be reduced bythe court by the amount of net collateral source benefits received, orreasonably expected to be received in the future butonly to the extent that such benefits exceed the aggregate amount by which:

(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 theapplication of subsections (c) and (d) of K.S.A. 60-258a and amendmentsthereto, other than by virtue of claimant's settlement with or decision notto assert a legally enforceable claim against a named or an unnamed party;

(3) the amount to which the claimant's ability to recover such judgmentwas limited by theinsolvency or bankruptcy of a person; and

(4) the award of damages has been reduced because of a statutory limitupon 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 thenet collateral source benefits.

History: L. 1988, ch. 222, § 5; July 1.