Raised Bill No. 213, introduced in the February Session, 2024, aims to amend Section 52-225a of the general statutes, effective October 1, 2024. 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 proposed changes include the deletion of specific dates and conditions under which the current law applies and the insertion of new provisions that clarify the circumstances under which economic damages should be reduced. The bill specifies that the court shall reduce the award for economic damages by the total of collateral source payments made, less any amounts paid, contributed, or forfeited under certain conditions, except where a right of subrogation exists.

The bill also outlines the process for the court to receive evidence regarding the total amount of collateral sources paid for the claimant's benefit and any amounts paid, contributed, or forfeited by the claimant or their immediate family to secure the right to any collateral source benefit. The insertions include detailed provisions about the right of subrogation, including amounts subject to a right of subrogation, amounts agreed upon in full satisfaction of such a right, and amounts where the right of subrogation has not been waived, limited, or extinguished. The purpose of the bill is to permit a post-verdict collateral source reduction in damages in certain personal injury or wrongful death actions involving a right of subrogation.

Statutes affected:
Raised Bill: 52-225a