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: (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.] IC 34-51-3 Chapter 3. Punitive Damages 34-51-3-0.2 Application of prior law 34-51-3-1 Applicability of chapter 34-51-3-2 Necessity of evidence of facts 34-51-3-3 Restrictions on jury instructions 34-51-3-4 Maximum award of damages 34-51-3-5 Reduction of excessive damage award 34-51-3-6 Payment and allocation of damages; notification; negotiation of award; state's interest in award
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