Missouri 2026 Regular Session

Missouri House Bill HB2405

Caption

Modifies provisions relating to the collateral source rule

Impact

The bill's modifications to the collateral source rule are poised to significantly impact state laws regarding personal injury claims and compensation calculations. By allowing defendants to introduce evidence of collateral sources, it may reduce the amounts awarded to plaintiffs under certain circumstances. This could lead to fears among plaintiff advocates about potential injustices faced by injured parties, who may find it harder to secure full compensation for their damages. The alteration of this rule could lead to a transformation in how personal injury cases are litigated in the state.

Summary

House Bill 2405 proposes modifications to the collateral source rule, which is a legal principle that prevents a defendant from reducing their liability in a personal injury case by providing evidence that the plaintiff has received compensation from other sources, such as insurance. The bill aims to clarify the application of this rule to ensure that juries can consider all relevant evidence in determining the extent of damages that should be awarded in personal injury claims. Proponents argue that this change will lead to fairer outcomes for defendants and prevent plaintiffs from receiving windfalls due to overlapping compensations.

Contention

Notable points of contention surrounding HB 2405 include discussions about the fairness of changing established legal precedents that have historically protected plaintiffs from reductions in compensation due to third-party payments. Critics of the bill argue that it may unfairly disadvantage individuals injured due to others' negligence, as it allows defendants to evade responsibility for their actions by leveraging additional sources of compensation the plaintiffs may have received. Legal and advocacy groups have expressed concern that, while the intention behind the bill may be to foster a more balanced legal environment, it risks undermining the rights of individuals seeking justice for personal injuries.

Companion Bills

No companion bills found.

Previously Filed As

MO SB314

Modifies provisions relating to civil procedure, including the collateral source rule, determinations of fault, references to damages, and disclosure requirements

MO SB268

Modifies provisions relating to civil procedure, including the collateral source rule, time-limited settlement demands, references to damages, and disclosure requirements

MO HB69

Modifies provisions relating to the collateral source rule

MO SB553

Establishes provisions relating to double recovery of civil damages from a defendant and an insurer

MO SB826

Modifies provisions relating to determinations of fault in tort actions

MO SB77

Modifies provisions relating to weapons

MO SB388

Modifies provisions relating to deteriorated or abandoned property

MO SB19

Modifies provisions relating to the State Tax Commission

MO SB578

The repeals and modifies certain provisions relating to land survey

MO SB218

Modifies provisions relating to court operations

Similar Bills

No similar bills found.