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2024 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 (2024)
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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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