Can the Insurance Company Reduce My Settlement Because I Have Health Insurance Under Connecticut's § 52-225a? - Dan Petroskey
Notas del episodio
From DeFronzo & Petroskey, P.C. - Can the Insurance Company Reduce My Settlement Because I Have Health Insurance Under Connecticut's § 52-225a? explores how Connecticut’s collateral source reduction statute affects personal injury settlements and verdicts. This episode explains how Connecticut General Statutes § 52-225a can reduce the economic damages portion of a jury award after trial, while leaving non-economic damages like pain and suffering untouched. Listeners will gain insight into how health insurance payments, medical bills, and jury verdicts intersect in personal injury cases throughout Waterbury, New Haven County, and across Connecticut.
The discussion breaks down how collateral source reductions work in practice, including the two-step calculation used by courts after a verdict at Waterbury Superior Court on Grand Street. The episode covers how payments from private health insurance, Medicare Advantage plans, and auto medical payments coverage may qualify as collateral sources under Connecticut General Statutes § 52-225b. It also explains how premiums paid by injured individuals, their families, or even employers can offset potential reductions, a principle reinforced by the Connecticut Supreme Court in Alvarado v. Black.
Listeners will also learn about one of the most important exceptions to collateral source reductions: the right of subrogation. Many insurance plans, including self-funded ERISA plans as well as Medicare and Medicaid, may have reimbursement rights that prevent courts from reducing a plaintiff’s economic damages award. The episode highlights the impact of the Connecticut Supreme Court decision Marciano v. Jimenez, which confirmed that when any valid reimbursement right exists, courts cannot apply a collateral source reduction under § 52-225a.
Dan Petroskey of DeFronzo & Petroskey, P.C., a personal injury attorney serving clients in Waterbury and throughout New Haven County since 2004, shares practical insight into how these rules influence settlement negotiations and trial outcomes. A graduate of Albany Law School and a member of both the Connecticut Bar Association and the Waterbury Bar Association, Dan discusses how careful documentation of medical bills, insurance payments, and premiums can protect injured clients’ recovery. The episode also examines how treatment at facilities such as Saint Mary's Hospital and Waterbury Hospital often intersects with these legal calculations in real personal injury cases across Connecticut.
DeFronzo & Petroskey, P.C.
255 Bank St # 2b, Waterbury, CT 06702, United States
(203) 756-7408