Sometimes, when people act in a way that is really reckless or harmful, they should be punished. Punitive damages are extra money that a court makes the wrongdoer pay. Unlike regular damages, which pay for things like medical bills and lost wages, punitive damages are meant to punish bad behavior and stop others from doing the same thing in the future.
Punitive damages tell everyone: If you act dangerously or harm someone on purpose, there will be serious consequences. These damages are only awarded when the person who caused harm was extremely careless or did something bad on purpose. Regular accidents or small mistakes don’t qualify.
What Is the Purpose of Punitive Damages?
Punitive damages, also called exemplary damages, have two main jobs:
- Punish the wrongdoer: Courts award these damages when someone acts in a way that is extremely careless or harmful.
- Stop others from doing the same thing: This money shows that reckless actions have big consequences.
Punitive damages are not for every case. Courts only give them when they see proof that the person who caused the harm was way more reckless than normal.
When Do Indiana Courts Give Punitive Damages?
Courts only award punitive damages when the wrongdoer’s actions are much worse than regular mistakes. In Indiana, a court may consider these damages if the person responsible for the injury:
- Meant to hurt someone: If a person intentionally harms another, like in an assault, they may have to pay punitive damages.
- Lied to trick people: If a company or person lies to others to make money, and it hurts people, they might be ordered to pay extra.
- Was extremely careless: When someone ignores safety rules and causes harm, like drunk driving or reckless driving.
- Sold a dangerous product on purpose: If a company sells something they know is unsafe and people get hurt, they may owe punitive damages.
Regular accidents, like a driver not seeing a stop sign, do not qualify. The actions must be much worse than normal carelessness.
How Much Money Can Someone Get in Punitive Damages?
Indiana has rules about how much money can be given in punitive damages. These limits keep things fair. Indiana law says:
- The most a court can award is three times the amount of regular damages or $50,000, whichever is higher.
- Only 25% of the punitive damages go to the victim.
- The other 75% goes to Indiana’s Violent Crime Victim Compensation Fund.
So, even if a jury awards a lot of money, most of it doesn’t go to the victim. However, pursuing punitive damages still holds wrongdoers accountable and sends a strong message.
Why Are Punitive Damages Important?
Punitive damages don’t just punish people. They help make sure everyone is safer. Here’s why they matter:
- They stop people from acting recklessly: If people know they could pay big penalties, they will think before making bad choices.
- They make people take responsibility: When someone hurts others on purpose or through extreme recklessness, they need to be punished.
- They give victims justice: Even if victims only get part of the money, punitive damages show that the wrongdoer was held responsible.
Punitive damages don’t just reward victims. They send a clear warning that reckless behavior will not be allowed.
What Compensation Can You Get in a Personal Injury Case?
If someone’s reckless or intentional actions caused harm, you may get both compensatory (economic and non-economic damages) and punitive damages. You could receive money for:
- Medical expenses: Covers hospital visits, surgeries, therapy, and medicine.
- Lost wages: Money for missing work due to injuries.
- Pain and suffering: Compensation for emotional distress and physical pain.
- Property damage: Pays for repairs or replacing damaged belongings.
- Punitive damages: Extra money awarded when the wrongdoer acted with intent or extreme carelessness.
A personal injury lawyer will calculate the full value of your claim and fight for what you deserve.
How Can a Lawyer Help With Punitive Damages?
Winning punitive damages is not easy. The victim has to show proof that the wrongdoer was extremely reckless or harmful. This is why a personal injury lawyer is important. A good lawyer will:
- Gather strong evidence: Collect reports, medical records, and statements from witnesses.
- Prove the behavior was reckless: Show that what happened was worse than regular negligence.
- Deal with insurance companies: Insurance companies do not like paying punitive damages, so a lawyer will fight for your rights.
- Go to court if needed: If the other side refuses to settle, a lawyer can take the case to a jury.
A skilled lawyer makes a big difference in getting the highest possible compensation. Contact our Rob King & Associates, Trial Lawyers at (317) 916-0000 for a free consultation today!
