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 wrongfuldeath action to determine the actual amount of the prevailingparty's pecuniary loss; and
        (2) to provide that a prevailing party not recover more than oncefrom 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 ofevidence
    Sec. 2. In a personal injury or wrongful death action, the courtshall 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 theplaintiff'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 stateor the United States;
            that have been made before trial to a plaintiff ascompensation for the loss or injury for which the action isbrought;
        (2) proof of the amount of money that the plaintiff is requiredto repay, including worker's compensation benefits, as a resultof the collateral benefits received; and
        (3) proof of the cost to the plaintiff or to members of theplaintiff's family of collateral benefits received by the plaintiffor 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 beconsidered by the trier of fact in arriving at the amount of any awardand shall be considered by the court in reviewing awards that arealleged to be excessive.
As added by P.L.1-1998, SEC.40.