Indiana Code
Ind. Code § 34-51-2-19 (2026)
Liens or claims to diminish in same proportion as claimant's recovery is diminished
✓ current as of May 2026
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.
[Pre-1998 Recodification Citation: 34-4-33-12.]
As added by P.L.1-1998, SEC.47.
IC 34-51-3Chapter 3. Punitive Damages
34-51-3-0.2Application of prior law
34-51-3-1Applicability of chapter
34-51-3-2Necessity of evidence of facts
34-51-3-3Restrictions on jury instructions
34-51-3-4Maximum award of damages
34-51-3-5Reduction of excessive damage award
34-51-3-6Payment and allocation of damages; notification;
negotiation of award; state's interest in award
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1998–2022 · leading case: Beam v. Wausau Ins. Co., 765 N.E.2d 524 (Ind. 2002).
Beam v. Wausau Ins. Co., 765 N.E.2d 524 (Ind. 2002). “Ind.Code § 34-51-2-19 (1998). Although Beam concedes that there is no lien involved in this case, he argues that the lien statute needs to be considered in determining the appropriate reduction in coverage.”
Kornelik v. Mittal Steel USA, Inc., 952 N.E.2d 320 (Ind. Ct. App. 2011). “Code § 22-3-2-13 and Ind.Code § 34-51-2-19. Appellant’s App. p.”
Fam. & Soc. Servs. Admin. v. Schluttenhofer, 750 N.E.2d 429 (Ind. Ct. App. 2001). “Subsequently, on May 30, 2000, the Schluttenhofers filed their Petition for Reduction of Medicaid Lien and Request for Declaratory Judgment (Petition) under Ind.Code § 34-51-2-19, which provides: If a subrogation claim or other lien or claim that arose out of the payment of…”
Tack's Steel Corp. v. ARC Constr. Co., 821 N.E.2d 883 (Ind. Ct. App. 2005). “Too, the parties agree that the lien reduction statute, Indiana Code Section 34-51-2-19, is implicated. 4 However, the amount of the re *891 duction is contested, as the parties dispute what degree of damages David sustained and received compensation for.”
In Re Guardianship of Wade, 711 N.E.2d 851 (Ind. Ct. App. 1999). “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…”
Dutchmen Mfg., Inc. v. Reynolds, 891 N.E.2d 1074 (Ind. Ct. App. 2008). “Dutchmen claims that this statement was a misstatement of the law because it suggested that Reynolds would have to repay the entire amount of the lien contrary to the provisions of Indiana Code section 34-51-2-19, which provides that liens arising from the payment of medical…”
Principal Life Ins. Co. v. Needler, 816 N.E.2d 499 (Ind. Ct. App. 2004). “Ind.Code § 34-51-2-19. 2 . We deem Needler's "Motion to Adjudicate Lien" to be an "action" within the contemplation of Indiana Trial Rule 41(A)(2) and Principal's claim that the lien should be in the amount of $7,647.”
Lane v. Celadon Trucking, Inc., 543 F.3d 1005 (8th Cir. 2008). “The district court rejected Celadon’s argument that Lane’s failure to seek its consent to settle entitled Celadon to full recovery, and it reduced the award under Indiana’s lien reduction statute, Indiana Code § 34-51-2-19. The amount of the reduction was based on the district…”
Beam v. Wausau Ins. Co., 743 N.E.2d 1188 (Ind. Ct. App. 2001). “Whether Ind.Code § 34-51-2-19, the lien reduction statute, applies to the judgment entered in Beam's favor.”
Pedraza Ex Rel. Pedraza v. Grande, 712 N.E.2d 1007 (Ind. Ct. App. 1999). “§ 34-4-33-12, now Ind.Code Ann. § 34-51-2-19 (the lien reduction statute), does not apply to Medicaid liens under state law.”
Wal-Mart Stores, Inc. Assocs.' Health & Welfare Plan & Admin. Comm., Adm'r of the Plan v. Denise Wells, 213 F.3d 398 (7th Cir. 2000). “And while Indiana law, were it applicable, might provide the relief she is seeking, see Ind.Code § 34-51-2-19, she does not invoke that or any other provision of Indiana law, and so has waived the argument.”
Spangler, Jennings & Dougherty P.C. v. Indiana Ins., 729 N.E.2d 117 (Ind. 2000). “§ 22-3-2-13 (West 1991); Ind.Code Ann. § 34-51-2-19 (West 1999). C.”
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