Connecticut Senate Bill SB00954

Connecticut 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/6/23

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

The impact of this bill on state laws is significant, as it alters the traditional approach to calculating economic damages. By allowing reductions based on collateral source payments, the bill could lower the overall amount claimants receive from verdicts. This adjustment aligns with the aim to prevent double recovery—where claimants receive damages covering losses already compensated by other sources. However, it raises concerns regarding the fair compensation of injured parties, as it may potentially reduce the financial relief awarded to individuals in need.

Summary

SB00954 proposes to amend the statutes concerning economic damages in personal injury or wrongful death actions. The bill aims to introduce a reduction in damages awarded to claimants based on collateral source payments made on their behalf. This change seeks to clarify how damages are calculated when collateral sources, such as insurance benefits, have already covered certain economic losses incurred by claimants. The adjustment in the calculation of damages will take effect on October 1, 2023.

Contention

Notable points of contention stem from debates over the fairness and implications of implementing collateral source reductions. Proponents of the bill argue that it promotes equity in the legal process and prevents claimants from benefiting excessively from both their insurance and the legal system. Critics, on the other hand, assert that reducing damages based on collateral sources might discourage individuals from seeking necessary medical care or pursuing legitimate claims. They fear that the bill could disproportionately affect those who rely on collateral benefits, such as underinsured or uninsured populations, thus exacerbating existing disparities.