Legal Question in Personal Injury in New York
Does defense counsel have a right to discovery plaintiff tax returns in a personal injury case new tork
4 Answers from Attorneys
If you are claiming loss of income, yes.
If your income is relevant to an issue in the case then yes but to a limited degree. For simply prooving your income for the purposes of establishing lost wage damages, I do not generaly give a tax return but rather only w-2's and 1099's if any. There are ome circumstances where the whle return may be relevant and if it is yes, they are discoverable but again not with out limitation. For example not ten years worth of returns just two or three prior to the accident.
Best of luck with your case, Jason A. Richman
If lost wages, lost profits or lost earnings are being claimed, yes. Best, M. E. Zuller
If you are making a claim for lost wages, loss profits or lost earning capacity then they will need the returns to evaluate your claims.