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Are Your Tax Returns Discoverable If You Bring a Lawsuit for Negligence, an Accident, Medical Malpractice or Wrongful Death in New York?


A: Yes and no.

Like that double-sided answer?

Here’s the real answer: Yes...and no.

If you are self-employed and are claiming lost earnings in your negligence, personal injury, medical malpractice or wrongful death lawsuit, then yes, your tax returns must be turned over.

If however you are employed by someone and get a W2 form at the end of the year, then you do NOT have to turn over your tax returns. Instead, you will be required to turn over your W2 form for 3 years duration before the wrongdoing happened.