§ 34-50-1-6 — Attorney's fees and costs

(a) If:
(1) a recipient does not accept a qualified settlement offer; and
(2) the final judgment is less favorable to the recipient than the
terms of the qualified settlement offer;
the court shall award attorney's fees, costs, and expenses to the offeror
upon the offeror's motion.
(b) An award of attorney's fees, costs, and expenses under this
section must consist of attorney's fees at a rate of not more than two
hundred fifty dollars ($250) per hour and other costs and expenses
incurred by the offeror after the date of the qualified settlement offer.
However, the award of attorney's fees, costs, and expenses may not
total more than five thousand dollars ($5,000).
(c) A motion for an award of attorney's fees, costs, and expenses
under this section must be filed not more than thirty (30) days after
entry of judgment. The motion must be accompanied by an affidavit of
the offeror or the offeror's attorney establishing the amount of the
attorney's fees and other costs and expenses incurred by the offeror
after the date of the qualified settlement offer. The affidavit constitutes
prima facie proof of the reasonableness of the amount.
(d) Where appropriate, the court may order a judgment entered
against the offeror and in favor of the recipient reduced by the amount
of attorney's fees, costs, and expenses awarded to the offeror under this
section (or IC 34-4-44.6-8 before its repeal).
[Pre-1998 Recodification Citation: 34-4-44.6-9.]

Legislative History

As added by P.L.1-1998, SEC.46. Amended by P.L.117-2024, SEC.1.