Indiana Code 34-51-2-19. Liens or claims to diminish in same proportion as claimant’s recovery is diminished
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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:
(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;
(1) by comparative fault; or
Terms Used In Indiana Code 34-51-2-19
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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.