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Home » US Law » 2022 Indiana Code » Title 34. Civil Law and Procedure » Article 44. Evidence: Damages » Chapter 1. Collateral Source Evidence » 34-44-1-2. Personal Injury or Wrongful Death Actions; Admissibility of Evidence

Sec. 2. In a personal injury or wrongful death action, the court shall allow the admission into evidence of:

(1) proof of collateral source payments other than:

(A) payments of life insurance or other death benefits;

(B) insurance benefits that the plaintiff or members of the plaintiff’s family have paid for directly; or

(C) payments made by:

(i) the state or the United States; or

(ii) any agency, instrumentality, or subdivision of the state or the United States;

that have been made before trial to a plaintiff as compensation for the loss or injury for which the action is brought;

(2) proof of the amount of money that the plaintiff is required to repay, including worker’s compensation benefits, as a result of the collateral benefits received; and

(3) proof of the cost to the plaintiff or to members of the plaintiff’s family of collateral benefits received by the plaintiff or the plaintiff’s family.

[Pre-1998 Recodification Citation: 34-4-36-2.]

As added by P.L.1-1998, SEC.40. Amended by P.L.1-2010, SEC.139.