Iowa Senate Bill SSB3028

Iowa 2023-2024 Regular Session

• Introduced: 1/10/24
• Refer: 1/10/24

Caption

A bill for an act relating to recoverable damages and admissible evidence for medical expenses.

Impact

If enacted, SSB3028 will amend existing Iowa code sections pertaining to personal injury damages. The most notable change is the limitation on damages recoverable by claimants. They will only be able to receive damages equivalent to the actual payments made and amounts necessary to satisfy incurred bills, as well as a future cost calculation based on potential insurance payments. This could have significant implications for how personal injury claims are assessed and compensated in Iowa, possibly leading to lower compensation amounts for injured parties depending on their insurance status and healthcare arrangements.

Summary

Senate Study Bill 3028 addresses the admissibility of evidence and the limits on recoverable damages related to medical expenses in personal injury cases. This bill introduces specific guidelines on what evidence can be presented in court regarding past and future medical expenses incurred by claimants. Particularly, it stipulates that proof of past medical expenses can only include amounts that have been actually paid to healthcare providers, and any future medical expenses must reflect the amounts that would be covered by the claimant's health insurance. This approach aims to standardize claims and reduce the discrepancies that can arise in personal injury litigation concerning medical costs.

Contention

The bill is expected to spark debate regarding its fairness and implications for claimants seeking to recover damages following personal injuries. Proponents may argue that it brings much-needed clarity and consistency to the evidentiary standards in personal injury cases, potentially reducing fraudulent claims. Opponents, however, could contend that it may disadvantage individuals who require extensive medical care, as their claims may not reflect the reality of their medical needs and expenses. Thus, the conversation surrounding SSB3028 may center on the balance between curbing excessive claims and ensuring adequate compensation for victims.