CHAPTER 3. PUNITIVE DAMAGES
IC 34-51-3
Chapter 3. Punitive Damages
IC 34-51-3-1
Applicability of chapter
Sec. 1. This chapter applies to all cases in which a party requests
the recovery of punitive damages in a civil action.
As added by P.L.1-1998, SEC.47.
IC 34-51-3-2
Necessity of evidence of facts
Sec. 2. Before a person may recover punitive damages in any civil
action, that person must establish, by clear and convincing evidence,
all of the facts that are relied upon by that person to support the
recovery of punitive damages.
As added by P.L.1-1998, SEC.47.
IC 34-51-3-3
Restrictions on jury instructions
Sec. 3. A jury in a case subject to this chapter may not be advised
of:
(1) the limitation on the amount of a punitive damage award
under section 4 of this chapter; or
(2) the requirement under section 6 of this chapter concerning
allocation of money received in payment of a punitive damage
award.
As added by P.L.1-1998, SEC.47.
IC 34-51-3-4
Maximum award of damages
Sec. 4. A punitive damage award may not be more than the greater
of:
(1) three (3) times the amount of compensatory damages
awarded in the action; or
(2) fifty thousand dollars ($50,000).
As added by P.L.1-1998, SEC.47.
IC 34-51-3-5
Reduction of excessive damage award
Sec. 5. If a trier of fact awards punitive damages that exceed the
limitation under section 4 of this chapter, the court shall reduce the
punitive damage award to not more than the greater of:
(1) three (3) times the amount of compensatory damages
awarded in the action; or
(2) fifty thousand dollars ($50,000).
As added by P.L.1-1998, SEC.47.
IC 34-51-3-6
Payment and allocation of damages; notification; negotiation of
award; state's interest in award
Sec. 6. (a) Except as provided in IC 13-25-4-10, when a finder of
fact announces a verdict that includes a punitive damage award in a
civil action, the party against whom the judgment was entered shall
notify the office of the attorney general of the punitive damage
award.
(b) When a punitive damage award is paid, the party against
whom the judgment was entered shall pay the punitive damage award
to the clerk of the court where the action is pending.
(c) Upon receiving the payment described in subsection (b), the
clerk of the court shall:
(1) pay the person to whom punitive damages were awarded
twenty-five percent (25%) of the punitive damage award; and
(2) pay the remaining seventy-five percent (75%) of the
punitive damage award to the treasurer of state, who shall
deposit the funds into the violent crime victims compensation
fund established by IC 5-2-6.1-40.
(d) The office of the attorney general may negotiate and
compromise a punitive damage award described in subsection (c)(2).
(e) The state's interest in a punitive damage award described in
subsection (c)(2) is effective when a finder of fact announces a
verdict that includes punitive damages.
As added by P.L.1-1998, SEC.47. Amended by P.L.105-2006, SEC.2;
P.L.1-2007, SEC.224.