§ 4545 — Admissibility of collateral source of payment

New York § 4545

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

§ 4545. Admissibility of collateral source of payment. (a) Actions for\npersonal injury, injury to property or wrongful death. In any action\nbrought to recover damages for personal injury, injury to property or\nwrongful death, where the plaintiff seeks to recover for the cost of\nmedical care, dental care, custodial care or rehabilitation services,\nloss of earnings or other economic loss, evidence shall be admissible\nfor consideration by the court to establish that any such past or future\ncost or expense was or will, with reasonable certainty, be replaced or\nindemnified, in whole or in part, from any collateral source, except for\nlife insurance and those payments as to which there is a statutory right\nof reimbursement. If the court finds that any such cost or expense was\nor will, with reasonable certainty, be replaced or indemnified from any\nsuch collateral source, it shall reduce the amount of the award by such\nfinding, minus an amount equal to the premiums paid by the plaintiff for\nsuch benefits for the two-year period immediately preceding the accrual\nof such action and minus an amount equal to the projected future cost to\nthe plaintiff of maintaining such benefits. In order to find that any\nfuture cost or expense will, with reasonable certainty, be replaced or\nindemnified by the collateral source, the court must find that the\nplaintiff is legally entitled to the continued receipt of such\ncollateral source, pursuant to a contract or otherwise enforceable\nagreement, subject only to the continued payment of a premium and such\nother financial obligations as may be required by such agreement. Any\ncollateral source deduction required by this subdivision shall be made\nby the trial court after the rendering of the jury's verdict. The\nplaintiff may prove his or her losses and expenses at the trial\nirrespective of whether such sums will later have to be deducted from\nthe plaintiff's recovery.\n (b) Voluntary charitable contributions excluded as a collateral source\nof payment. Voluntary charitable contributions received by an injured\nparty shall not be considered to be a collateral source of payment that\nis admissible in evidence to reduce the amount of any award, judgment or\nsettlement.\n