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2017 Indiana Code
TITLE 34. Civil Law and Procedure
ARTICLE 51. DAMAGES
CHAPTER 2. Compensatory Damages: Comparative Fault
34-51-2-19. Liens or claims to diminish in same proportion as claimant's recovery is diminished
Universal Citation: IN Code § 34-51-2-19 (2017)
IC 34-51-2-19 Liens or claims to diminish in same proportion as claimant's recovery is diminished
Sec. 19. 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.
[Pre-1998 Recodification Citation: 34-4-33-12.]
As added by P.L.1-1998, SEC.47.
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