Modifies provisions relating to civil procedure, including the collateral source rule, time-limited settlement demands, references to damages, and disclosure requirements
The enactment of SB 268 will affect how civil cases, especially those concerning personal injuries, are handled in Missouri courts. By restricting the types of evidence that can be presented regarding damages and settlement demands, it aims to streamline the litigation process while potentially minimizing the exposure of insurers to extracontractual losses. This may lead to fewer contentious disputes during trials, as the evidence permissible will be more limited and structured based on the new provisions outlined in the bill.
Senate Bill 268 seeks to modify various provisions relating to civil procedure in Missouri, focusing particularly on the rules surrounding collateral source evidence, time-limited settlement demands, and the disclosure requirements in civil actions. The bill proposes the repeal of existing sections 490.715 and 537.058, replacing them with new regulations that define how evidence related to collateral sources and damages should be presented in court. One notable aspect is the exclusivity of the evidence of payments for special damages, allowing only those payments that have been legitimately made by the defendant or their insurer to be considered as non-recoverable by the plaintiff.
However, the bill does raise concerns among various stakeholders, particularly regarding its implications for transparency and fairness in civil litigation. Critics argue that the constraints on the presentation of evidence may disproportionately disadvantage plaintiffs, especially those with significant medical expenses from injuries, by limiting their ability to recover full damages. Additionally, there are concerns about the potential for insurance companies to take advantage of these regulations to reduce their payouts, resulting in further debates about equitable treatment within the civil justice system.