Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney to address your specific situation.
Detailed Answer
Under New York law, you can recover reasonable travel expenses incurred for medical appointments in a personal injury case. Travel to and from medical treatment qualifies as special damages when claim requirements are met. Follow these steps:
- Keep Detailed Records: Create a contemporaneous travel log listing dates, origin and destination, purpose of trip, and miles traveled. Save receipts for fuel, tolls, parking, public transit fares or ride-sharing.
- Calculate Costs: Use the current IRS standard mileage rate to value mileage (e.g., see IRS Publication 17). For tolls, parking, or transit fares, use actual expenses supported by receipts.
- Itemize in Your Bill of Particulars: Under CPLR 3017(c), you must itemize special damages, including travel expenses, in your Bill of Particulars within the time set by the court.
- Produce Documents in Discovery: Comply with disclosure rules under CPLR 3101. Provide your travel log and receipts to the opposing party.
- Include in Settlement Demands: When negotiating with insurers or defense counsel, include an itemized summary of travel costs supported by your documentation.
- Present Evidence at Trial: At trial, admit your travel log, receipts, and mileage calculations as evidence of special damages. A judge or jury will award reasonable amounts under these proofs.
Helpful Hints
- Update your travel log after each appointment to ensure accuracy.
- Consider using a mileage-tracking app that supports exportable reports.
- Retain all original receipts and organize them chronologically.
- Confirm your court’s deadlines for the Bill of Particulars and discovery production.
- Consult with an attorney before filing to verify your strategy and compliance with New York rules.