Peter
GOL 15-108 prevents the plaintiff from collecting twice for the same injury.
Yes, you can apply the set off to the pain & suffering portion of the verdict. (Hill v St Clares applied to an aggravated injury situation but the cases since 1986 will support set off for payment already received for the same injury ..plaintiff can get paid twice ).
I am not sure why you think youre not entitled to the set off on the WD portion of the verdict. I believe Wise v McCalla 24 A.D. 3d 435 allows for set off in a wrongful death action.
Michael J. Morris
Partner
GARSON & JAKUB LLP
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On Dec 13, 2024, at 10:21?AM, list
?*** Member’s Message ****
Sender: Peter Taglia
I just got hit for 19% of 1.5 mil for WD & 1.5 mil pain/suffering
I have a 1.3 mil set off
can I apply the 1.3 to the pain/suffering
and pay my percentage on the WD?
I have lost enough to know this but never had a set off I could use
got