Ind. Code § 34-51-2-19

Current through P.L. 171-2024

Section 34-51-2-19 - Liens or claims to diminish in same proportion as claimant's recovery is diminished

If a subrogation claim or other lien or claim that arose out of the payment of medical expenses or other benefits exists in respect to a claim for personal injuries or death and the claimant's recovery is diminished:

(1) by comparative fault; or

(2) by reason of the uncollectibility of the full value of the claim for personal injuries or death resulting from limited liability insurance or from any other cause;

the lien or claim shall be diminished in the same proportion as the claimant's recovery is diminished. The party holding the lien or claim shall bear a pro rata share of the claimant's attorney's fees and litigation expenses.

IC 34-51-2-19

Pre-1998 Recodification Citation: 34-4-33-12.

As added by P.L. 1-1998, SEC.47.