Modifies provisions relating to the admissibility of evidence of collateral source payments in civil cases
Impact
This modification is poised to significantly change legal proceedings in personal injury cases. Under the new provisions of SB975, if a defendant or their insurer pays any portion of the plaintiff's special damages prior to trial, those amounts cannot be recovered from that defendant again. Such a provision aims to streamline the judicial process but may also pose challenges for plaintiffs seeking full restitution for their injuries. Furthermore, the bill allows defendants to deduct any payments made from the final judgment, which can lead to reduced compensation for injured parties.
Summary
Senate Bill 975 focuses on modifying the provisions surrounding the admissibility of evidence related to collateral source payments in civil cases, specifically in the context of personal injury claims. The bill proposes the repeal of the existing section 490.715 in Missouri's Revised Statutes, introducing a revised version that clarifies the circumstances under which payments made by a defendant or their insurer can impact the recoverable damages in a lawsuit. The primary objective is to eliminate evidence of collateral source payments from being admissible in court, thereby preventing juries from being influenced by such payments when determining damages awarded to plaintiffs.
Contention
While proponents of SB 975 argue that the changes will lead to more equitable outcomes in civil cases, critics are concerned that the bill may undermine the rights of plaintiffs. By limiting the admissibility of collateral source evidence, opponents argue that it could lead to defendants benefitting from payments made on behalf of the injured party without full consequences for their negligence. This potential imbalance raises significant questions about fairness in the legal system and the ability of juries to consider all relevant facts when awarding damages.
Modifies provisions relating to civil procedure, including the collateral source rule, determinations of fault, references to damages, and disclosure requirements
Modifies provisions relating to civil procedure, including the collateral source rule, time-limited settlement demands, references to damages, and disclosure requirements
An Act Concerning Financial Liability For Ambulance Services, Evidence Of Collateral Source Payments And Evidence Of Bills From Treating Healthcare Providers.