The proposed legislation, General Assembly Raised Bill No. 1329, aims to amend Section 52-225a of the general statutes concerning the reduction of economic damages in personal injury or wrongful death actions. The bill stipulates that in civil actions where liability is admitted or determined, the court must reduce the awarded economic damages by the total amounts paid under specified subsections, with certain exceptions. Notably, the bill introduces new language that clarifies the conditions under which reductions apply, including the treatment of collateral sources and rights of subrogation. Specifically, it allows for reductions only when there is no existing right of subrogation or when such rights have not been waived, limited, or extinguished.

Additionally, the bill modifies the evidence requirements for determining collateral sources. It mandates that the court receive evidence regarding the total amount of collateral sources paid for the claimant's benefit, including those subject to subrogation rights. The bill also emphasizes the admissibility of evidence showing that healthcare providers or insurers accepted less than the total billed amount, which can be used to establish the total collateral sources available to the claimant. This act is set to take effect on October 1, 2025, and is designed to create a more structured approach to calculating damages in personal injury and wrongful death cases involving collateral sources.

Statutes affected:
Raised Bill: 52-225a