Punitive Damages in Indiana
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Indiana.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$10,000 – $50,000
Avg Comp. Damages
When Are Punitive Damages Available in Indiana?
In Indiana, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Indiana operates under Modified comparative fault (51% bar). Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Indiana attorney for the current statutory limits applicable to your case.
Key Facts About Indiana Injury Law
Indiana follows modified comparative fault with a 51% bar under Ind. Code § 34-51-2-6 — injured plaintiffs who are determined to be 51% or more responsible for the accident are barred from recovering any compensation in court.
The statute of limitations for most personal injury claims in Indiana is 2 years from the date of injury under Ind. Code § 34-11-2-4; claims against governmental entities require a 270-day notice of tort claim before a lawsuit may be filed.
Indiana caps punitive damages at the greater of 3 times compensatory damages or $50,000 under Ind. Code § 34-51-3-4, and requires 75% of any punitive award to be paid to the Violent Crime Victims Compensation Fund.