§ 34-13-8-5 — Limitations on payments; formula for distribution

Indiana § 34-13-8-5

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 8: Special Supplemental Relief

Text

(a) The attorney general shall attempt to
resolve before January 1, 2013, all claims and suits brought against the
state or its employees for an occurrence for an amount that, in the
aggregate, does not exceed eleven million dollars ($11,000,000),
consisting of:
(1) five million dollars ($5,000,000) paid from the state tort claim
fund established to pay claims and expenses under IC 34-13-3-24;
and
(2) six million dollars ($6,000,000) to be paid from the
supplemental fund.
(b) The attorney general shall attempt to resolve before January 1,
2013, claims or suits for an occurrence as follows:
(1) The estate of an eligible person whose death resulted from an
occurrence shall receive seven hundred thousand dollars
($700,000). This amount includes any compensation under this
chapter for the eligible person's attorney's fees. The amount
distributed to the estate of the eligible person whose death
resulted from an occurrence is exempt from inheritance taxes
under IC 6-4.1 (before its repeal) and shall not be included in the
calculation of the amount transferred to a Class A transferee,
Class B transferee, or Class C transferee for the purposes of
applying the exemptions in IC 6-4.1-3-10, IC 6-4.1-3-11, and IC 6-4.1-3-12 (before their repeal).
(2) Except as provided in subdivision (3), each other eligible
person who was physically injured as a result of an occurrence
shall be compensated (including any compensation under this
chapter for the eligible person's attorney's fees) for the physical
injury in an amount that does not exceed the least of the
following:
(A) The amount of the eligible person's medical expenses
incurred as a result of the physical injury.
(B) The amount claimed before the deadline established by the
attorney general by the eligible person for medical expenses
incurred as a result of the physical injury in relation to the claim
filed before December 31, 2011.
(C) Seven hundred thousand dollars ($700,000).
(3) Eligible persons who suffered physical injuries involving
permanent paralysis or permanent physical trauma or requiring
major and ongoing long-term care shall be compensated for the
physical injury in an amount equal to:
(A) the amount of compensation paid under subdivision (2);
plus
(B) additional compensation determined under the process
established by the attorney general under subdivision (4).
(4) The attorney general shall establish a process for determining
the equitable amount of compensation for eligible persons under
subdivision (3). The attorney general shall before January 1,
2013, determine the amount of compensation that each eligible
person described in subdivision (3) is entitled to receive under
subdivision (3). The attorney general may employ arbitrators,
mediators, consultants, and other experts to assist in the process
established by the attorney general for determining the
compensation for eligible persons under subdivision (3).

Legislative History

As added by P.L.160-2012, SEC.62. Amended by P.L.79-2017, SEC.78.