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HB 2405

Modifies provisions relating to the collateral source rule

2026 Regular Session Introduced by George Hruza

HB 2405 modifies Missouri's collateral source rule to alter when defendants can present evidence of plaintiff's other insurance or benefits to reduce civil damage awards.

Referred: Emerging Issues(H)
#civilprocedure #courts #evidence
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Bill Summary · HB 2405

Legislative bill overview

HB 2405 modifies Missouri's collateral source rule, which governs how evidence of payments from other sources (like insurance or government benefits) can be presented in civil lawsuits. The bill changes when and how defendants can introduce evidence that a plaintiff received compensation from collateral sources to offset damage awards. These modifications affect the balance of what juries can consider when determining liability and damages in personal injury cases.

Why is this important

The collateral source rule directly impacts how much money injured plaintiffs can recover in lawsuits. Changes to this rule affect plaintiffs' ability to receive full compensation for their injuries, defendants' litigation strategies and costs, and ultimately what cases settle for versus what juries award. Insurance companies, healthcare providers, and tort reform advocates closely monitor these rules as they significantly influence the economics of civil litigation.

Potential points of contention

  • Plaintiff compensation vs. defendant fairness: Expanding collateral source evidence may reduce plaintiff awards by allowing juries to subtract insurance payments, but plaintiff advocates argue injured parties shouldn't lose recovery when they've paid for their own insurance
  • Insurance industry impact: Defendants may use collateral source evidence to reduce payouts, which could increase pressure on insurers and workers' compensation systems to cover gaps
  • Jury decision-making: The bill raises questions about what information juries should consider; some argue collateral sources are irrelevant to actual harm, while others contend they prevent double-recovery

Compiled from official sources — confirm details with the bill’s official record.

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