Indiana Jury Instruction - 2.1 Punitive Damages In General
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FAQ
Generally, punitive damage awards require a compensatory damage award. There are two types of punitive damages: direct and vicarious. Direct punitive damages are assessed for an insured's wrongful acts. Vicarious punitive damages are imposed against an insured if it is liable for acts of another.
You must ask the court for punitive damages, although you may not specify an amount. There is no set formula for determining the amount of punitive damages in California. Punitive damages serve to deter future misconduct and punish the defendant. ?Punitive damages? also goes by the name ?exemplary damages?.
There are limits on the amount of punitive damages a plaintiff can recover under Indiana law. In personal injury cases, Indiana Code Section 34-51-3-4 limits the punitive damages a plaintiff can receive to three times the amount of compensatory damages awarded or $50,000, whichever is greater.
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Punitive damages are meant to punish the defendant for his or her negligence or recklessness.
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
There are limits on the amount of punitive damages a plaintiff can recover under Indiana law. In personal injury cases, Indiana Code Section 34-51-3-4 limits the punitive damages a plaintiff can receive to three times the amount of compensatory damages awarded or $50,000, whichever is greater.
The first factor?the reprehensibility of defendant's conduct?is subjective in nature. The other two?defendant's financial condition and the relationship to actual damages?are objective measurements.
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. (See also CACI 3940-3942.)