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ACA Has Potential to Limit a Defendant's Exposure for Future Medical Costs in New York Personal Injury Litigation
Wilson Elser Link to more items from this source
Jan. 20, 2014
"If standard loss-allocation and mitigation rules are followed, the new law should have a significant impact on a personal injury plaintiff's ability to recover the cost of future medical care, thus limiting a defendant's exposure for such damages.... Even if a plaintiff has not yet purchased health insurance coverage under the [ACA], it should be assumed that he or she will do so ... [B]ecause a plaintiff has a duty to mitigate his or her damages, the courts should be encouraged to apply the law so as to avoid the inequitable result of a plaintiff receiving a double recovery."

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