An Act Concerning Apportionment Of Damages In Personal Injury And Wrongful Death Cases.
Impact
If passed, this bill would have significant implications for the way damages are calculated and attributed in personal injury and wrongful death litigation. By permitting apportionment of damages among all defendants involved, including those who were dismissed from the case, the bill seeks to ensure a fair distribution of financial responsibility based on the involvement of each party. This change could lead to more nuanced determinations of liability, ultimately impacting how damages are awarded in these cases.
Summary
House Bill 06322 proposes changes to existing laws relating to the apportionment of damages in personal injury and wrongful death cases. The bill aims to amend Section 52-572h of the general statutes, allowing for the apportionment of damages between a defendant and a former defendant who has received a withdrawal from the plaintiff. This amendment is intended to clarify the responsibilities and liabilities of defendants in personal injury cases when co-defendants are involved.
Contention
There may be points of contention surrounding this bill, especially regarding its potential effects on plaintiffs' ability to recover full compensation for their injuries. Some may argue that allowing for apportionment among former defendants could complicate matters for plaintiffs, particularly in situations where they may struggle to hold remaining defendants fully accountable. Conversely, supporters might contend that this change is necessary to prevent unjust burdens on defendants who were only partially responsible for the damages, promoting equitable justice within the legal system.
An Act Concerning The Reduction Of Economic Damages In A Personal Injury Or Wrongful Death Action For Collateral Source Payments Made On Behalf Of A Claimant.