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Medical care
Property damage
Prejudgment interest
Medical expenses
Reasonable funeral expenses paid or
payable by the estate or distributees
Loss of financial contributions
Lost services
Loss of parental care, advice, and
guidance
Loss of inheritance
Damages - wrongful death, collateral
sources, liens, etc.
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Statutory erosion
NY CLS CPLR 4545
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12
Collateral Sources
Insurance, liens, etc.
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14
Statutory erosion
NY CLS CPLR 4545
15
Liens
Workers compensation
Medicare
Medicaid
Damages - wrongful death, collateral
sources, liens, etc.
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Other liens
Welfare
Public defender
Child support
letters of protection
17
Statutory erosion
NY CLS CPLR 4545
Operation
The Court 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.
Damages - wrongful death, collateral
sources, liens, etc.
18
Statutory erosion
NY CLS CPLR 4545
19
Statutory erosion
NY CLS CPLR 4545
including but not limited to
paid sick leave
medical benefits
death benefits
dependent benefits
disability retirement allowance
social security (except retirement benefits)
but shall not include those collateral
sources entitled by law to liens against
any recovery of the plaintiff.
Damages - wrongful death, collateral
sources, liens, etc.
20
Statutory erosion
NY CLS CPLR 4545
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NY prejudgment interest
Not in personal injury
except in wrongful death actions
Allowed in:
breach of contract
Actions re interfering with title to, or
possession or enjoyment of, property
Discretionary in equity actions
Damages - wrongful death, collateral
sources, liens, etc.
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Periodic Payments
In Medical Malpractice Cases
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Periodic payments
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