CHAPTER 1. COLLATERAL SOURCE EVIDENCE
IC 34-44
ARTICLE 44. EVIDENCE: DAMAGES
IC 34-44-1
Chapter 1. Collateral Source Evidence
IC 34-44-1-1
Purpose of chapter
Sec. 1. The purpose of this chapter is:
(1) to enable the trier of fact in a personal injury or wrongful
death action to determine the actual amount of the prevailing
party's pecuniary loss; and
(2) to provide that a prevailing party not recover more than once
from all applicable sources for each item of loss sustained.
As added by P.L.1-1998, SEC.40.
IC 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.
As added by P.L.1-1998, SEC.40. Amended by P.L.1-2010, SEC.139.
IC 34-44-1-3
Proof of payments; consideration for amount and review of award
Sec. 3. Proof of payments under section 2 of this chapter shall be
considered by the trier of fact in arriving at the amount of any award
and shall be considered by the court in reviewing awards that are
alleged to be excessive.
As added by P.L.1-1998, SEC.40.