Sec. 5. This chapter does not apply if:

(1) within nine (9) months after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause, one (1) or more of the parties against whom the claim is filed makes a written offer of settlement to the party receiving a judgment;

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 34-51-4-5

  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(2) the terms of the offer include payment within sixty (60) days after the offer is accepted; and

(3) the amount of the offer is at least two-thirds (2/3) of the amount of the judgment award.

[Pre-1998 Recodification Citation: 34-4-37-7.]

As added by P.L.1-1998, SEC.47.