Indiana Code
Ind. Code § 34-44-1-3 (2026)
Proof of payments; consideration for amount and review of award
✓ current as of May 2026
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.
[Pre-1998 Recodification Citation: 34-4-36-3.]
As added by P.L.1-1998, SEC.40.
IC 34-44-2Chapter 2. Advance Payments in Personal Injury and Property
Damage Cases
34-44-2-1Applicability of chapter
34-44-2-2No admission of liability
34-44-2-3Reduction of plaintiff's award by amount of
advance payment
34-44-2-4Insurance companies
Notes of Decisions
Cited in 2
cases, 2005–2010 · leading case: Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005).
Pendleton v. Aguilar, 827 N.E.2d 614 (Ind. Ct. App. 2005). “I.C. § 34-44-1-3. Here, the record shows that after evidence of collateral source payments, consisting of Florida worker's compensation benefits, was introduced at trial, the trial court specifically ruled on its admissibility pursuant to I.”
Travelers Indem. Co. of Am. v. Jarrells, 927 N.E.2d 374 (Ind. 2010). “I.C. § 34-44-1-3. In these respects the statute departs from its treatment of other collateral sources-for example any plaintiff's insurance that might cover some element of damages-that are not presented to the trier of fact.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.