§ 4545. Admissibility of collateral source of payment.

359 words·~2 min read·/ny/civil-practice-law-rules/evidence/4545·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Actions for

personal injury, injury to property or wrongful death. In any action

brought to recover damages for personal injury, injury to property or

wrongful death, where the plaintiff seeks to recover for the cost of

medical care, dental care, custodial care or rehabilitation services,

loss of earnings or other economic loss, evidence shall be admissible

for consideration by the court to establish that any such past or future

cost or expense was or will, with reasonable certainty, be replaced or

indemnified, in whole or in part, from any collateral source, except for

life insurance and those payments as to which there is a statutory right

of reimbursement. If the court finds that any such cost or expense was

or will, with reasonable certainty, be replaced or indemnified from any

such collateral source, it shall reduce the amount of the award by such

finding, minus an amount equal to the premiums paid by the plaintiff for

such benefits for the two-year period immediately preceding the accrual

of such action and minus an amount equal to the projected future cost to

the plaintiff of maintaining such benefits. In order to find that any

future cost or expense will, with reasonable certainty, be replaced or

indemnified by the collateral source, the court must find that the

plaintiff is legally entitled to the continued receipt of such

collateral source, pursuant to a contract or otherwise enforceable

agreement, subject only to the continued payment of a premium and such

other financial obligations as may be required by such agreement. Any

collateral source deduction required by this subdivision shall be made

by the trial court after the rendering of the jury's verdict. The

plaintiff may prove his or her losses and expenses at the trial

irrespective of whether such sums will later have to be deducted from

the plaintiff's recovery.

(b)Voluntary charitable contributions excluded as a collateral source

of payment. Voluntary charitable contributions received by an injured

party shall not be considered to be a collateral source of payment that

is admissible in evidence to reduce the amount of any award, judgment or

settlement.