Punitive damages are available in Indiana personal injury lawsuits when the plaintiff can prove that the defendant’s actions constituted gross negligence or reckless behavior, meaning that they knew or should have known their actions could cause serious harm but chose to take them anyway.
In most personal injury lawsuits, plaintiffs seek compensable damages, including both economic and non-economic damages. Economic damages compensate injury victims for tangible losses like medical expenses and lost wages. Non-economic damages compensate victims for intangible losses, like pain and suffering or scarring and disfigurement.
Punitive damages differ from compensatory damages because they are not meant to compensate plaintiffs for a loss. Instead, they punish defendants for their dangerous behavior, and the plaintiff receives a portion of the money.
If someone else’s actions caused your injuries in Indiana, contact Truitt Law Offices for a free consultation with one of our experienced personal injury attorneys. We’ll review your case, explain your legal options, and help determine if you qualify for seeking punitive damages.
Table of Contents
- 1 What Are the Types of Cases Where Punitive Damages Can Be Recoverable?
- 2 What Is Necessary to Pursue Punitive Damages in an Indiana Personal Injury Claim?
- 3 Does Indiana Have Caps on Punitive Damages Awards?
- 4 How Much of the Punitive Damage Award Does the Injured Party Keep?
- 5 Contact an Indiana Personal Injury Lawyer
What Are the Types of Cases Where Punitive Damages Can Be Recoverable?
To determine whether punitive damages are recoverable in your case, the first step is to look at the defendant’s actions. Do their actions go beyond simple negligence and count as gross negligence or recklessness?
Simple negligence occurs when someone makes an error but doesn’t intend to or doesn’t believe they will cause harm. For example, someone who doesn’t check their blind spot before merging into your lane likely didn’t intend or expect their actions to cause a serious accident.
Gross negligence occurs when someone shows a disregard for the lives and well-being of others. For example, someone who drives with a blood alcohol concentration of twice the legal limit should have known that their actions would put others in danger.
There are two notable exceptions when plaintiffs cannot seek punitive damages even if the defendant’s actions rise to the level of gross negligence:
- Punitive damages are not available in wrongful death claims.
- Punitive damages are not available when the defendant is a government entity or employee who was acting within the scope of their employment.
What Is Necessary to Pursue Punitive Damages in an Indiana Personal Injury Claim?
To pursue punitive damages, you need more substantial evidence than is required for seeking compensatory damages. To win a verdict of compensatory damages, you must show that the defendant is more likely than not responsible for your injuries and associated losses. This is known as a preponderance of the evidence.
However, to seek punitive damages in an Indiana personal injury claim, you must show, by clear and convincing evidence, that the defendant acted with gross negligence or recklessness. This is a higher bar to clear and will require various forms of evidence, such as the following:
- Incident scene photographs
- Traffic or security camera footage of the incident
- Communication records showing the defendant’s state of mind and intention to commit harm
- Eyewitness statements that corroborate your version of events
- Expert testimony, such as that from medical professionals or crash reconstruction specialists
One of the biggest challenges in seeking punitive damages after a personal injury is proving that the defendant knew their actions were likely to cause harm. An experienced personal injury attorney can assist by investigating the incident and gathering the evidence needed to support your case. In particular, they may be able to obtain phone records that include texts from the defendant about the incident.
Does Indiana Have Caps on Punitive Damages Awards?
In Indiana, punitive damage awards cannot exceed 1) the greater of three times the amount of compensatory damages awarded or 2) $50,000.
Considering that severe injuries can result in significant compensatory damages, a punitive damage cap of three times the compensatory damages can be a lot of money. If you suffer from serious and permanent injuries, your compensatory damages alone could be hundreds of thousands or millions of dollars. Because punitive damages aren’t meant to compensate you for your losses, it’s simply extra money you could receive on top of your compensatory damages.
If the defendant’s actions warrant punitive damages, it is always in a plaintiff’s best interest to seek them. Even if you ultimately aren’t awarded punitive damages, seeking them will not impact your right to recover the compensatory damages awarded by the jury.
Additionally, most personal injury lawyers work on a contingency fee basis. This means they’re paid based on a percentage of the compensation you receive through a settlement or jury award. Seeking punitive damages doesn’t change this fee system; you still only pay if your attorney wins compensation for you.
How Much of the Punitive Damage Award Does the Injured Party Keep?
Unfortunately, plaintiffs in Indiana don’t get to keep the full amount of punitive damages awarded in their cases. Under Indiana law, the plaintiff only receives 25 percent of the punitive damages awarded in their case. The other 75 percent of the punitive damages go to the Violent Crime Victims Compensation Fund, which covers medical expenses, lost wages, and other costs for victims of violent crimes.
If your injury results from a violent crime, such as a physical assault or domestic violence, you may be able to receive a higher percentage of the punitive damages. It’s essential that you speak with a personal injury attorney who can help you determine if you’re eligible for additional compensation.
Contact an Indiana Personal Injury Lawyer
If you suffered serious injuries caused by someone’s gross negligence, reckless behavior, or intentional act in and around Fort Wayne, Indiana, contact Truitt Law Offices for a free consultation with an experienced personal injury lawyer. Our firm has over 40 years of experience and a track record of obtaining maximum results for victims, including multimillion-dollar settlements and verdicts.
Our sole focus is on personal injury claims, including those seeking punitive damages, and we use our insider perspective of insurance company defense strategies to seek the compensation our clients need. Check out our 100+ five-star reviews on Google to see what our clients have to say about working with our team.
