Indiana Statutes
§ 34-51-2-19 — Liens or claims to diminish in same proportion as claimant's recovery is diminished
Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 51 DAMAGES·Ch. 2 Compensatory Damages: Comparative Fault
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.]
Free access — add to your briefcase to read the full text and ask questions with AI
Indiana § 34-51-2-19 (Liens or claims to diminish in same proportion as claimant's recovery is diminished) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Beam v. Wausau Insurance Co.
765 N.E.2d 524 (Indiana Supreme Court, 2002)
Wal-Mart Stores, Incorporated Associates' Health and Welfare Plan and Administrative Committee, Administrator of the Plan v. Denise Wells
213 F.3d 398 (Seventh Circuit, 2000)
Principal Life Insurance Co. v. Needler
816 N.E.2d 499 (Indiana Court of Appeals, 2004)
Spangler, Jennings & Dougherty P.C. v. Indiana Insurance
729 N.E.2d 117 (Indiana Supreme Court, 2000)
Kornelik v. Mittal Steel USA, Inc.
952 N.E.2d 320 (Indiana Court of Appeals, 2011)
In Re Guardianship of Wade
711 N.E.2d 851 (Indiana Court of Appeals, 1999)
Beam v. Wausau Insurance Co.
743 N.E.2d 1188 (Indiana Court of Appeals, 2001)
Pedraza Ex Rel. Pedraza v. Grande
712 N.E.2d 1007 (Indiana Court of Appeals, 1999)
Family & Social Services Administration v. Schluttenhofer
750 N.E.2d 429 (Indiana Court of Appeals, 2001)
Barclay v. Universal Underwriters Group
703 N.E.2d 169 (Indiana Court of Appeals, 1998)
Family & Social Services Administration v. Schluttenhofer
768 N.E.2d 885 (Indiana Supreme Court, 2002)
State Farm Insurance Company v. Thomas A. Young and Mary E. Young, Joel P. Genth and Philip K. Genth, INGENIX
985 N.E.2d 764 (Indiana Court of Appeals, 2013)
Guardianship of Wade
(Indiana Supreme Court, 1999)
Legislative History
As added by P.L.1-1998, SEC.47.
Nearby Sections
15
§ 34-10-1-2
Assignment of attorney§ 34-10-1-3
Filing of claim by an offender with three prior actions dismissed as
frivolous; exception§ 34-10-2-1
Application of chapter§ 34-10-2-2
Annulment of order§ 34-11-2-1
Employment related actions§ 34-11-2-10
Enforcement of child support obligations§ 34-11-2-10.5
Employment related action by volunteer firefighter or member of
volunteer emergency medical services association§ 34-11-2-11
Written contract actions§ 34-11-2-11.5
Recovery of certain costs§ 34-11-2-13
Foreign country judgment