Connecticut House Bill HB05358

Connecticut 2021 Regular Session

• Introduced: 1/22/21
• Refer: 1/22/21

Caption

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.

Impact

If enacted, this bill would have significant implications for personal injury and wrongful death litigation in Connecticut. It could lead to a decrease in the total economic damages claimants receive in civil actions when they have also received collateral sources of payment, such as insurance benefits. The legislation aims to prevent claimants from ‘double-dipping’ by allowing them to benefit from both collateral sources and an economic damages award. This reduction is contingent upon the claimant's percentage of negligence in the incident leading to the personal injury or wrongful death.

Summary

House Bill 05358 is proposed legislation that addresses the issue of economic damages awarded in personal injury or wrongful death actions. The bill is designed to amend Connecticut's existing statute (Section 52-225a of the general statutes) by establishing limitations on the award of economic damages based on collateral source payments. Specifically, it seeks to ensure that the amount awarded to a claimant can be reduced by the amount of collateral source payments made on their behalf, provided that such payments are subject to a right of subrogation.

Contention

The bill may face opposition from advocacy groups representing injured individuals, who may argue that reducing economic damages undermines the financial protection intended for victims of negligence. Moreover, critics may assert that it complicates the legal process surrounding personal injury claims, making it more challenging for claimants to secure fair compensation. The potential conflict between the rights of claimants and the interests of insurers regarding subrogation rights could also emerge as a significant point of contention during legislative discussions.