Modifies provisions relating to the collateral source rule
Impact
The amendments suggested by HB273 are intended to directly influence state laws relating to damages awarded in personal injury cases. By modifying the treatment of collateral sources, the bill seeks to ensure that juries only consider damages that are not compensated by other means, potentially lowering the overall financial burden on defendants in such cases. This change may also affect how insurance companies set premiums and handle claims, as they could see reduced liabilities stemming from damage payouts.
Summary
House Bill 273 proposes modifications to the collateral source rule, specifically addressing how damages in litigation are calculated when an injured party has received compensation from independent sources, such as insurance. This bill is part of a broader effort to reform tort law in the state, aiming to create a more equitable balance between the rights of victims and the financial ramifications on businesses and insurers. Proponents argue that these changes will reduce the cost of litigation and prevent plaintiffs from receiving double recovery for the same damages, thus facilitating fairer settlements.
Sentiment
The sentiment surrounding HB273 is mixed. Supporters, often from business and insurance sectors, view the bill favorably, arguing that it will lead to a more predictable and manageable legal environment that protects them from excessive liability. Conversely, opponents, predominantly comprising trial lawyers and consumer advocacy groups, express concerns that the bill undermines the rights of injured parties by limiting their ability to recover full damages and potentially placing further strain on their financial circumstances.
Contention
Notable points of contention surrounding HB273 include the potential impact on vulnerable populations who rely on full damage recovery for their medical expenses and lost earnings. Critics contend that the modifications could lead to inadvertent injustices where individuals do not receive adequate compensation for their injuries. In discussions, the bill has sparked debates about the balance between reforming the legal system to reduce frivolous lawsuits and ensuring that genuine claims are sufficiently compensated to cover the real and often significant impacts of personal injuries.
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