New York Personal Injury Attorneys BlogPublished on:
Winning the Collateral Source Hearing
In a column published today in the New York Law Journal, Ben Rubinowitz and Evan Torgan write: The collateral source hearing comes after a verdict to prevent double recovery by reducing damages if insurance or government programs will pay for future care. But these hearings often become mini-trials where defenses argue future payments are certain, despite law requiring proof of actual, not speculative, replacement. Experts testifying about system discretion and uncertainty make “reasonable certainty” hard to prove. Lawyers must cross-examine to expose these issues and protect the jury’s damages award from unjust reductions.
