What is the collateral source rule and how does it affect my personal injury case in New York?

New York is a state that does not abide by the recovery allowed under the collateral source rule. The collateral source rule in New York states that when you are injured and bringing forth a personal injury claim, a defense attorney opposing your case can bring forth evidence of payments by your insurance company or personal health plan (collateral source) for your medical bills or expenses, in order to alter or lessen the amount you may be awarded. Therefore, New York allows such evidence to be presented in order for the plaintiff to receive what may be owed lessened by the amount that has already been paid by a collateral source.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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