Questions: What does “insurance subrogation” mean as it relates to personal injury claims?
Answer: It means that your insurance company gets repaid a certain portion of the monies they have paid out on your behalf for medical care and treatment for injuries relating to a personal injury case, but they do not get a “free ride” as outlined see below.
Pursuant to I.C. §34-53-1-2, an insurer claiming subrogation or reimbursement rights under this chapter shall pay, out of the amount received from the insured, the insurer’s pro rata share of the reasonable and necessary costs and expenses of asserting the third party claim. These reasonable and necessary costs and expenses include and are not limited to the following: (1) The cost of depositions. (2) Witness fees. (3) Attorney’s fees to the lesser of: (A) the amount contracted by the insured for the insured’s portion of the claim; or (B) 33 ⅓ % of the amount of the settlement.
This statute applies to an insurer claiming subrogation or reimbursement rights to the proceeds of a settlement or judgment resulting from a legal proceeding commenced by an insured against a third party legally responsible for personal injury for which payment was made by insurer. The pro rata share of costs and expenses of asserting this claim are to be remitted to the insured, since the insured’s attorney is entitled to only assert one attorney’s fee which is on the gross amount recovered per the written contract between insured and their attorney.
Question: What is a “motion in limine”?
Answer: It is a preliminary ruling by the judge on what evidence may or may not be presented to the jury. A ‘motion in limine’ is a motion made before or after the beginning of a jury trial for an order against prejudicial questions and statements being heard by the jury either during the opening statements or during the course of trial. The purpose of a motion in limine to suppress evidence or to instruct counsel not to offer it is to prevent the asking of prejudicial questions and the making of prejudicial statements in the presence of the jury. It is the prejudicial effect of the questions asked or statements made in connection with the offer of the evidence, not the prejudicial effect of the evidence itself, which the motion in limine is intended to reach. Its effect may shorten the trial, simplify issues and reduce the possibilities of mistrial. The granting or denying of a motion in limine is within the sound discretion of the judge. The granting of a motion in limine is in the inherent power of the judge to admit or exclude evidence. Ordinarily, the denial of a motion in limine can occasion no error; the objectionable occurrence is the improper admission of items in evidence. The granting of a motion in limine is not a final determination of the admissibility of the evidence referred to in the motion. Therefore, the standard of review applicable to questions concerning the admission of evidence must prevail at trial.