Indiana Code
Ind. Code § 34-44-1-2 (2026)
Personal injury or wrongful death actions; admissibility of evidence
✓ current as of May 2026
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.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1999–2024 · leading case: Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009).
Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009). “Walker objected on grounds that evidence of the discounted bills violated Indiana's collateral source statute, Ind. Code § 34-44-1-2 , which in part prohibits the introduction of evidence of "insurance benefits" in personal injury cases.”
Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). “The admissibility of collateral source payment evidence shall be decided by this court during the course of trial pursuant to the Collateral Source Rule which is codified in Indiana Code § 34-44-1-2. (Appellant's App.”
Mary K. Patchett v. Ashley N. Lee, 46 N.E.3d 476 (Ind. Ct. App. 2015). “Lee, and ordering that evidence of payments made by the Healthy Indiana Plan (“HIP”) to reimburse Lee’s medical providers in full satisfaction of Lee’s hospital bills, was barred by the collateral source statute, Ind.Code § 34-44-1-2, and is not admissible under Indiana caselaw.”
Butler v. Indiana Dep't of Ins., 875 N.E.2d 235 (Ind. Ct. App. 2007). “Thus, the trial court properly denied the Estate’s claim for additional compensation.”
Stanley v. Walker, 888 N.E.2d 222 (Ind. Ct. App. 2008). “Indiana Code § 34-44-1-2. 3 . Walker advised the jury only of the $1,855.”
Lagerstrom v. Myrtle Werth Hosp.-Mayo Health Sys., 2005 WI 124 (Wis. 2005). “See Ind. Code Ann., § 34-44-1-2 (West 1998). [13] Memorandum from Representative Albers to Gordon Anderson, Senior Staff Attorney, Wisconsin Legislative Council, January 23, 1995 (available at Wisconsin Legislative Council, Madison, Wisconsin) (emphasis added).”
Mary K. Patchett v. Ashley N. Lee, 60 N.E.3d 1025 (Ind. 2016). “Ind. Code § 34-44-1-2 (1) (2014 Repl.). Lee argues these statutory provisions (particularly (B) and (C)(ii)) operate to exclude evidence of reduced HIP rates Patchett may seek to introduce.”
Travelers Indem. Co. of Am. v. Jarrells, 906 N.E.2d 912 (Ind. Ct. App. 2009). “I.C. § 34-44-1-2. Travelers asserts that under the facts and circumstances of this case and pursuant to Indiana Code section 22-3-2-13, it is entitled to a statutory lien and/or pro rata reimbursement for the worker's compensation payments that it had paid on behalf of Jarrells.”
Weborg v. Jenny, 2012 WI 67 (Wis. 2012). “76 (2011); Ind. Code § 34-44-1-2 (2011); Me. Rev. Stat.”
Parkview Hosp. v. Thomas E. Frost by Shirley A. Riggs, his Guardian, 52 N.E.3d 804 (Ind. Ct. App. 2016). “[16] When the defendant sought to introduce evidence of the discounted amount actually paid, the plaintiff objected citing Indiana’s collateral source statute, Indiana Code Annotated section 34-44-1-2 (West, Westlaw current with P.”
CSX Transp., Inc. v. Gardner, 874 N.E.2d 357 (Ind. Ct. App. 2007). “See Ind.Code § 34-44-1-2. 4 . CSX claims in its brief that “Tier 2 is designed to be actuarially sound and self-supporting; and there is no commingling with other government funds.”
Travelers Indem. Co. of Am. v. Jarrells, 927 N.E.2d 374 (Ind. 2010). “" I.C. § 34-44-1-2(2). The statute expressly allows proof of payments from some collateral sources, including worker's compensation, and also directs the trier of fact to "consider" the payments allowed to be admitted into evidence.”
— Ind. Code § 34-44-1-2(1) — 2 cases
Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). “The admissibility of collateral source payment evidence shall be decided by this court during the course of trial pursuant to the Collateral Source Rule which is codified in Indiana Code § 34-44-1-2. (Appellant's App.”
Mary K. Patchett v. Ashley N. Lee, 60 N.E.3d 1025 (Ind. 2016). “Ind. Code § 34-44-1-2 (1) (2014 Repl.). Lee argues these statutory provisions (particularly (B) and (C)(ii)) operate to exclude evidence of reduced HIP rates Patchett may seek to introduce.”
— Ind. Code § 34-44-1-2(1)(B) — 1 case
Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009). “Walker objected on grounds that evidence of the discounted bills violated Indiana's collateral source statute, Ind. Code § 34-44-1-2 , which in part prohibits the introduction of evidence of "insurance benefits" in personal injury cases.”
— Ind. Code § 34-44-1-2(1)(C) — 1 case
Mary K. Patchett v. Ashley N. Lee, 46 N.E.3d 476 (Ind. Ct. App. 2015). “Lee, and ordering that evidence of payments made by the Healthy Indiana Plan (“HIP”) to reimburse Lee’s medical providers in full satisfaction of Lee’s hospital bills, was barred by the collateral source statute, Ind.Code § 34-44-1-2, and is not admissible under Indiana caselaw.”
— Ind. Code § 34-44-1-2(2) — 1 case
Travelers Indem. Co. of Am. v. Jarrells, 927 N.E.2d 374 (Ind. 2010). “" I.C. § 34-44-1-2(2). The statute expressly allows proof of payments from some collateral sources, including worker's compensation, and also directs the trier of fact to "consider" the payments allowed to be admitted into evidence.”
— Ind. Code § 34-44-1-2(B) — 1 case
Mary K. Patchett v. Ashley N. Lee, 60 N.E.3d 1025 (Ind. 2016). “Ind. Code § 34-44-1-2 (1) (2014 Repl.). Lee argues these statutory provisions (particularly (B) and (C)(ii)) operate to exclude evidence of reduced HIP rates Patchett may seek to introduce.”
— Ind. Code § 34-44-1-2(Z)(B) — 1 case
Mary K. Patchett v. Ashley N. Lee, 46 N.E.3d 476 (Ind. Ct. App. 2015). “Lee, and ordering that evidence of payments made by the Healthy Indiana Plan (“HIP”) to reimburse Lee’s medical providers in full satisfaction of Lee’s hospital bills, was barred by the collateral source statute, Ind.Code § 34-44-1-2, and is not admissible under Indiana caselaw.”
— Ind. Code § 34-44-1-2(i)(B) — 1 case
Mary K. Patchett v. Ashley N. Lee, 46 N.E.3d 476 (Ind. Ct. App. 2015). “Lee, and ordering that evidence of payments made by the Healthy Indiana Plan (“HIP”) to reimburse Lee’s medical providers in full satisfaction of Lee’s hospital bills, was barred by the collateral source statute, Ind.Code § 34-44-1-2, and is not admissible under Indiana caselaw.”
— Ind. Code § 34-44-1-2(l)(C)(ii) — 1 case
Mary K. Patchett v. Ashley N. Lee, 46 N.E.3d 476 (Ind. Ct. App. 2015). “Lee, and ordering that evidence of payments made by the Healthy Indiana Plan (“HIP”) to reimburse Lee’s medical providers in full satisfaction of Lee’s hospital bills, was barred by the collateral source statute, Ind.Code § 34-44-1-2, and is not admissible under Indiana caselaw.”
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