Legislation
SECTION 4545
Admissibility of collateral source of payment
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
§ 4545. Admissibility of collateral source of payment. (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.
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.