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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:
(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.
Cite this article: FindLaw.com - Indiana Code Title 34. Civil Law and Procedure § 34-51-2-19 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-51-2-19/
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