Personal Injury Claims in Connecticut – Collateral Source Reductions

Under Connecticut law, in a personal injury case, a fact-finder determines the amount of the total damages, including economic and non-economic damages (such as pain and suffering).

After a determination of total damages, a Judge will usually be asked to determine if there is a collateral source reduction, for economic damages.  The idea of a collateral source reduction is that an injured party should not be allowed to get a double recovery, such as a payment by a health insurance company for medical care, and recovery of the same amount of money as part of a damages award.

Example:

Economic Damages – medical bills of $7,000

Non-Economic Damages – $10,000

Total Damages of $17,000.

If the medical bills are paid by health insurance, in general, the damages awarded is reduced to $10,000.

There are two important exceptions

  1.  An ERISA health care plan.
  2.  Connecticut General Statutes § 52–225a (c) permits plaintiffs an offset for health insurance premium payments that they or members of their family have made indirectly to obtain health insurance coverage.  See Alvarado v. Black, Supreme Court Case # 16044.

§ 52–225a (c) permits claimants to offset any collateral source benefits paid by the claimant’s health insurance carrier by the amount of premiums paid by the claimant, directly or indirectly to obtain benefits.   Payments made by a claimant’s employer to purchase the claimant’s health insurance constitute  indirect payments on the claimant’s behalf.

Situation #2 – a claimant has medical bills of $7,000 which are covered by insurance.

A.  The health insurance is provided by an employer who pays the premiums on behalf of the insured.   There is $12,000 in health insurance premium costs to provide the insurance associated with the medical bills.  Therefore, there is no collateral source reduction.

B.  Assuming that the health insurance premiums were $5,000, the $5,000 premiums  would reduce the $7,000 medical bills, so that there is still a $2,000 collateral source reduction.   The total award then becomes $15,000 ($17,000 less $2,000 reduction).

If you have personal injury claim, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

 

 

2018 Connecticut Law – New Motor Vehicle Minimum Liability Limits

Public Act 17-114 went into effect on January 1, 2018.

The law increased the amount of minimum coverage for automobile Liability Coverage

Old Law                                                                              New Law

$20,000 per person liability                            $25,000 person liability

$40,000 per accident – liability                    $50,000 per accident – liability

$10,000 property damage coverage            $25,000 property damage

 

The new law does very little to protect a person injured in a serious motor vehicle accident.   In many accidents, medical bills alone can exceed the statewide minimum coverage of $25,000, leaving a balance due for medical bills and nothing for an award of pain and suffering.

In these situations, an injured party would normally seek compensation under his or her own policy, underinsured motorist coverage.  However, there are many situations in which the injured party cannot seek compensation under his or her own policy, because he or she has low underinsured coverage policy limits (such as 25,000 per person, and 50,000 per accident).

If you have been injured in an auto accident and have any questions, please feel free to contact.

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Student Loans – No Statute of Limitations

The issue sometimes comes up- is there a statute of limitations for student loans, or can a person be sued at any time on a defaulted student loan?

There is no statute of limitations on the collection of student loans.

The law can be found at 20 United States Code, Section 1091a(a) (b) & (c), Public Law Number 102-26.   See also   United States v. Lawrence, 276 F.3d 193 (5th Cir. 2001), United States v. Motley, 238 F.3rd 425 (6th Cir., 2000).

If you have any questions with regard to student loan debt, please feel free to contact:

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com