Raised Bill No. 954, introduced in the General Assembly during the January Session of 2023, proposes amendments to Section 52-225a of the general statutes, effective October 1, 2023. The bill concerns the reduction of economic damages in personal injury or wrongful death actions when collateral source payments have been made on behalf of a claimant. The bill seeks to adjust the way economic damages are calculated by considering payments from collateral sources, with specific attention to the rights of subrogation.

The bill stipulates that in cases where liability is admitted or determined, and damages are awarded, the court must reduce the economic damages by the total of collateral source payments made, minus any amounts paid, contributed, or forfeited under subsection (c). However, no reduction is to be made for amounts subject to a right of subrogation, agreed upon in full satisfaction of a right of subrogation, or where a right of subrogation has not been waived, limited, or extinguished. Additionally, the court will receive evidence regarding collateral source payments and any amounts paid by the claimant or their immediate family to secure the right to these benefits. The purpose of the bill is to allow a post-verdict collateral source reduction in damages in certain personal injury or wrongful death cases involving a right of subrogation.

Statutes affected:
Raised Bill: 52-225a