Sec. 23. (a) In addition to the subrogation rights under section 22 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the claimant.
(b) The state may:
(1) recover the amount under subsection (a) in a separate action; or
(2) intervene in an action brought by or on behalf of the claimant.
(c) If the claimant brings the action, the claimant may deduct from the money owed to the state under the lien the state's pro rata share of the reasonable expenses for the court suit, including attorney's fees of not more than fifteen percent (15%).
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.12; P.L.161-2013, SEC.4; P.L.113-2014, SEC.9.
Structure Indiana Code
Title 5. State and Local Administration
Chapter 6.1. Compensation for Victims of Violent Crimes
5-2-6.1-0.2. Application of Certain Amendments to Predecessor Statute
5-2-6.1-2.5. "Emergency Shelter Care"
5-2-6.1-5.7. Out-of-Pocket Loss
5-2-6.1-7.5. Victim of a Child Sex Crime
5-2-6.1-9. Violent Crime Compensation Unit
5-2-6.1-10. Duties of Division
5-2-6.1-11. Powers of Division
5-2-6.1-12. Persons Eligible for Assistance
5-2-6.1-15. Payment of Funeral, Burial, or Cremation Expenses of Victim
5-2-6.1-16. Applications for Assistance
5-2-6.1-17. Requirements for Compensation
5-2-6.1-18. Denial of Awards for Failure of Claimants to Cooperate With Law Enforcement Officials
5-2-6.1-19. Forfeit of Awards for Failure of Claimants to Cooperate With Law Enforcement Officials
5-2-6.1-20. Suspension of Reporting and Cooperation Requirements
5-2-6.1-21. Compensable Losses
5-2-6.1-21.1. Compensable Losses; Health Care Provider Compensation
5-2-6.1-22. Subrogation of Rights; Notice of Civil Actions
5-2-6.1-23. Liens on Civil Awards; Deductions; Limits
5-2-6.1-25. Review of Applications; Additional Information
5-2-6.1-31. Denial of Awards Without Opportunity for Hearing Prohibited
5-2-6.1-32. Reduction of Awards; Other Conditions
5-2-6.1-33. Refund of Award Overpayments
5-2-6.1-34. Denial of Awards Due to Victim's Contributory Conduct
5-2-6.1-35. Amount of Awards; Joint Payments
5-2-6.1-37.5. Contingency Fee at Hearing May Not Exceed 10%
5-2-6.1-38. Exemption of Awards From Process
5-2-6.1-39. Payment of Forensic Medical Exams and Additional Forensic Services
5-2-6.1-40. Compensation Fund; Establishment
5-2-6.1-41. Compensation Fund; Composition
5-2-6.1-42. Compensation Fund; Reversion of Money and Income
5-2-6.1-43. Computation and Payment of Awards
5-2-6.1-44. Suspension of Payments; Prorated Payments
5-2-6.1-45. Liability for Determinations
5-2-6.1-47. Forfeit of Awards for Forgery, Fraud, or Deception