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Punitive Damage Awards in Indiana

Updated February 3, 2023 | By Wilson Kehoe Winingham staff

In a personal injury case, most plaintiffs are seeking damages to compensate them for an injury caused by another party. For example, after a car crash, an injured driver might seek money from the negligent driver to pay for medical bills, lost wages, and pain and suffering. These monetary awards are called compensatory damages as they compensate the injured party for the harm they suffered. In some instances, courts will also award a plaintiff with punitive damages.

Punitive Damage Awards

Punitive damages are not meant to compensate the victim but rather are meant to punish the guilty party. In these instances, a plaintiff can receive a higher damage amount than the injuries they sustained in order to deter the defendant from acting in the same manner again. Punitive damages can typically be obtained only when the wrongdoer’s behavior is especially egregious and our society deems it necessary to penalize them with excess damages. To obtain a punitive damage award in Indiana, a plaintiff must show more than mere negligence on the part of the defendant and prove with clear and convincing evidence that they acted with malice, fraud, gross negligence, or oppressiveness—a rather high standard.

Indiana Punitive Damage Caps

With the growing support in the tort reform movement, many jurisdictions have shied away from awarding excess punitive damages and have even placed caps or limits on the amount of punitive damage awards. Like many states, Indiana has adopted its own punitive damage statute that limits both the amount of punitive damages that can be awarded and the amount the plaintiff can receive from the judgment.

In Indiana, punitive damages are capped at three times the amount of a compensatory damage award or $50,000, whichever is greater.

Challenging Indiana’s Punitive Damage Cap

There have been several challenges regarding the constitutionality of these kinds of punitive damage limitations. In early 2009, Marion Superior Justice David Dreyer drafted an opinion in John Doe v. Father Jonathan Lovill Stewart that held Indiana’s punitive damage cap to be unconstitutional. In the case, the jury had awarded Plaintiff John Doe $5,000 in compensatory damages and $150,000 in punitive damages for several acts of sexual abuse committed by Defendant Father Stewart when Doe was a minor. The defendant appealed the damages award as a violation of the punitive damages cap as specified in Ind. Code Sec. 34-51-3-6.

In his lengthy opinion, Justice Dreyer said that the Indiana statute was invalid as it violated the Indiana Constitution with regards to the separation of powers and the right to a jury trial. Therefore, the punitive damages stood as awarded by the jury.

Contact a Personal Injury Attorney Today

If you or a loved one have been injured as a result of a personal injury, contact an Indianapolis personal injury lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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