Bill 3024

                    Current Status

Bill Number:                       3024
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970114
Primary Sponsor:                   Kirsh 
All Sponsors:                      Kirsh 
Drafted Document Number:           GJK\23043SD.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Elimination of Double
                                   Recoveries Act of 1997, torts and
                                   courts

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970114  Introduced, read first time,             25 HJ
                  referred to Committee
House   19961211  Prefiled, referred to Committee          25 HJ

TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH CAROLINA ELIMINATION OF DOUBLE RECOVERIES ACT OF 1997" WHICH IN TORT ACTIONS PERMITS THE INTRODUCTION INTO EVIDENCE OF COLLATERAL SOURCE PAYMENTS WHICH HAVE BEEN PAID OR MAY BE DUE THE CLAIMANT, WHICH PERMITS THE TRIER OF FACT TO CONSIDER THESE COLLATERAL SOURCE PAYMENTS WHEN DETERMINING THE AMOUNT OF DAMAGES, AND WHICH REQUIRES CERTAIN FINDINGS IN REGARD TO DAMAGE AWARDS IN TORT ACTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 15 of the 1976 Code is amended by adding:

Section 15-40-10. This chapter is known and may be referred to as the `South Carolina Elimination of Double Recoveries Act of 1997'.

Section 15-40-20. As used in this act, unless the context clearly requires otherwise:

(1) 'Collateral source' means a benefit paid or payable to the claimant or on his behalf, under, from, or pursuant to:

(a) the United States Social Security Act;

(b) any state or federal income replacement, disability, workers' compensation, or other act designed to provide partial or full wage or income replacement;

(c) any accident, health or sickness, income or wage replacement insurance, income disability insurance, casualty or property insurance including automobile accident and homeowners' insurance benefits, or any other insurance benefits, except life insurance benefits;

(d) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services or provide similar benefits;

(e) any contractual or voluntary wage continuation plan, or payments made pursuant to such a plan, provided by an employer or otherwise, or any other system intended to provide wages during a period of disability.

(2) 'Claimant' means any person who brings a personal injury action, and if such an action is brought through or on behalf of an estate, the term includes the claimant's decedent, or if such an action is brought through or on behalf of a minor, the term includes the claimant's parent or guardian.

(3) 'Damage' refers to economic losses paid or payable by collateral sources for wage loss, medical costs, rehabilitation costs, services, and other out-of-pocket costs incurred by or on behalf of a claimant for which that party is claiming recovery through a tort suit.

Section 15-40-30. (A) In all tort actions, regardless of the theory of liability under which they are brought, the court shall allow the admission into evidence of proof of collateral source payments which have already been made or which are substantially certain to be made to claimant as compensation for the same damages sought in the suit. Proof of such payments shall be considered by the trier of fact in arriving at the amount of any award, and shall be considered by the court in reviewing awards made for excessiveness.

(B) The trier of fact shall be informed of the tax implications of all damage awards. The trier of fact may hear evidence of the premiums personally paid by the claimant to obtain any collateral sources paid or payable.

Section 15-40-40. (A) If liability is found in a tort action, regardless of the theory of liability, then the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of:

(1) any past damages for:

(a) medical and other costs of health care;

(b) other economic loss; and

(c) noneconomic loss.

(2) any future damages and the periods over which they will accrue, on an annual basis, for each of the following types of damages:

(a) medical and other costs of health care;

(b) other economic loss; and

(c) noneconomic loss.

(B) The calculation of all future medical care and other costs of health care and future noneconomic loss must reflect the costs and losses during the period of time the claimant will sustain those costs and losses. The calculation for other economic loss must be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based."

SECTION 2. This act takes effect upon approval by the Governor, and applies to tort actions instituted after the effective date of this act.