The judgment debtor's obligation to pay, however, does not terminate with respect to damages for lost future earnings. Collateral Source Rule New York has repealed the collateral source rule in medical malpractice cases. Therefore, evidence of the claimant's receipt of collateral benefits may be submitted to the court so that those benefits can be deducted from claimant's recoverable damages. The claimant is entitled to credit for premiums paid over the two years preceding the accrual of the cause of action and projected future payments for obtaining such benefits. However, in a bifurcated trial interest is calculated from the date of the liability determination.
Interest is computed in a wrongful death case from the date of death.
However, no pre-trial interest is allowed on amounts awarded for future damages. Patient Compensation Funds and Physician Insurance New York does not provide a patient compensation fund, and it does not require its licensed physicians to carry liability insurance. The State of New York has waived its immunity, including that of its political subdivisions. Claims must be filed within 90 days of the injury or, if a notice of intent to sue is filed within the 90-day period, within two years from the time the cause of action accrued. Arbitration New York has a procedure by which a defendant can concede liability in exchange for an agreement to arbitrate damages.