Missouri Senate Bill SB553

Missouri 2025 Regular Session

• Introduced: 1/15/25
• Refer: 2/27/25

Caption

Establishes provisions relating to double recovery of civil damages from a defendant and an insurer

Impact

If enacted, SB553 would have significant implications for the way civil damages are calculated and awarded in Missouri. The law would limit plaintiffs' ability to recover certain damages that have already been compensated by insurer payments or by the defendant, thus ensuring clarity and fairness in tort cases. This change aims to streamline the legal process and mitigate potential conflicts regarding overlapping claims for damages from multiple sources.

Summary

Senate Bill 553 seeks to amend the existing Missouri statute related to the admissibility of evidence concerning collateral source payments in tort liability cases. The bill proposes that evidence of payments made by a defendant or their insurer in relation to a plaintiff's special damages will not be recoverable from the defendant if those payments have satisfied those claims prior to a trial. This aims to prevent a plaintiff from receiving what is known as double recovery, where they could claim damages from both the defendant and their insurance provider for the same injury or loss.

Contention

The bill has generated discussions regarding the balance between protecting plaintiffs' rights and preventing abusive litigation practices. Proponents argue that eliminating double recovery is essential to maintain fairness in the justice system and to prevent inflated claims. However, opponents express concern that the bill could restrict plaintiffs' ability to receive full compensation for their losses, particularly in cases where insurance coverage may not fully address the damages incurred.

Notable_points

Another notable aspect of SB553 is its focus on establishing clear guidelines for how evidence regarding the cost of medical care or treatment can be introduced in court. Under the proposed statute, parties would still be able to present the actual costs of medical care or treatment rendered, but these amounts must align with the defined limitations on what constitutes reasonable and necessary expenses. This aspect of the bill could shape future litigation outcomes in personal injury cases across Missouri.