This bill, raised by the General Assembly, aims to reduce economic damages in personal injury or wrongful death cases where collateral source payments have been made on behalf of the claimant. The bill proposes to repeal and substitute Section 52-225a of the general statutes, which currently addresses the reduction of damages in such cases.

Under the proposed changes, if liability is admitted or determined by the trier of fact and damages are awarded to compensate the claimant, the court would be required to reduce the amount of the award that represents economic damages. This reduction would be equal to the total amount of payments made under subsection (b) of the section, minus the total amount of payments, contributions, or forfeitures made under subsection (c) of the section. However, there would be no reduction for collateral sources for which a right of subrogation exists, unless the amount is subject to a right of subrogation, agreed upon in full satisfaction of any right of subrogation, to which a right of subrogation has not been waived, limited, or extinguished, or is equal to the reduction in the claimant's economic damages attributable to their percentage of negligence.

The bill also specifies that the court must receive evidence from the claimant and other appropriate persons regarding the total amount of collateral sources that have been paid for the benefit of the claimant as of the date the court enters judgment. Additionally, the court must receive evidence of any amount that has been paid, contributed, or forfeited by the claimant or their immediate family to secure their right to any collateral source benefit received as a result of the injury or death.

The bill is set to take effect on October 1, 2023. Its purpose is to allow for a post-verdict reduction in damages in personal injury or wrongful death cases involving a right of subrogation.

Statutes affected:
Raised Bill: 52-225a