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Bill > H2135


MA H2135

MA H2135
Relative to court proceedings


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to judgments compromises or settlements in court proceedings. The Judiciary.

AI Summary

This bill proposes changes to how court judgments, compromises, or settlements are handled, particularly concerning the division of expenses and the determination of damages. Specifically, it amends existing laws to ensure that the costs of an attorney's fees and expenses incurred in recovering money from a responsible party (a "tortfeasor") are shared proportionally between a health maintenance organization or similar service corporation and the injured person, based on the amounts each receives from the recovery. If the total money recovered is less than the injured person's full damages, a court can reduce the amount owed to the insurer after a hearing. The bill also allows plaintiffs in civil cases in the superior court to request a specific monetary amount for damages at trial. Furthermore, it establishes a process for fairly dividing settlement or judgment funds when an injured person who has received benefits under chapter 152 (likely related to workers' compensation) and the insurer disagree on the distribution, with provisions for court intervention and the possibility for the injured person to withdraw consent to a settlement if dissatisfied with the apportionment.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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