24 hour legal helpline
Zero Fee Promise
Indianapolis Attorneys for Personal Injury
GET A FREE CASE EVALUATION NOW
Car Accident Lawyers
Indiana Personal Injury Lawyer Blog

Does Indiana Place a Cap on Damages?

HELP IS MINUTES AWAY

Indiana Personal Injury Attorneys Best Indiana Personal Injury Lawyers Indianapolis Car Accident Lawyers Car Accident Lawyers

5.0

Indiana Car Accident Attorneys Best Indianapolis Car Accident Lawyers Car Accident Attorneys Personal Injury Lawyer Best Indianapolis Personal Injury Lawyer

Out of 547 Reviews

Does Indiana Place a Cap…

A lawsuit may be the best option for personal injury victims in Indiana to recover compensation after someone else caused the accident that harmed them. If you are considering filing a personal injury lawsuit, you likely have questions about how much you stand to recover.

Indiana’s statutory caps may affect your recovery. Several types of damage caps in Indiana apply in certain situations, such as medical malpractice or suits where a government entity is a defendant, or to certain types of compensation, such as punitive damages.

The best way to learn about how these caps may affect your case, if at all, is to reach out to an experienced Indiana personal injury attorney as soon as possible. When you call the offices of Wruck Paupore at (219) 322-1166 today, you can get your questions answered during your free initial case evaluation.

What Are the Types of Damages Available in an Indiana Personal Injury Lawsuit?

To understand how the various damage caps in Indiana apply, it is important to understand how the damages they affect are calculated. Damages can be separated into two general categories: compensatory damages and punitive damages. Some damage caps take this difference into account, so it is important to understand what each entails.

Compensatory Damages

Compensatory damages are meant to provide an equitable monetary remedy to the plaintiff in light of the harms they sustained. In most cases, compensatory damages encompass the entirety of what is available.

Within compensatory damages are two separate categories of damages: economic and non-economic. Economic damages speak to the financial loss resulting from the plaintiff’s injuries, such as medical bills or lost income. Non-economic damages are based more on the impact that the incident and resulting injuries have had on the plaintiff’s quality of life. These types of damages are include pain and suffering, mental anguish, and diminished enjoyment of life.

Punitive Damages

While compensatory damages are typically available in every type of successful personal injury lawsuit, punitive damages are much less common. An Indiana court will only award punitive damages if they find the defendant’s conduct so reckless or intentionally malicious that it warrants punishment on top of the compensatory damages they already should owe.

Some circumstances where punitive damages may be considered include drunk driving accidents, defective products which the manufacturer knew about, and intentional violence such as assault.

Caps on Punitive Damages in Indiana

It is important to separate compensatory and punitive damages because Indiana law places a cap only on what personal injury plaintiffs can claim in punitive damages. Not only that, but this statutory limit is based in part upon the total amount of compensatory damages.

Under Indiana law, punitive damages are capped at three times the amount of the total compensatory damages or $50,000, whichever is higher. For example, if the court awarded a plaintiff $25,000 in compensatory damage, the most they could receive additionally in punitive damages would be $75,000. If the same plaintiff only received $15,000 in compensatory damages, they could still get up to $50,000 in punitive damages, even though that number is larger than three times their compensatory damages ($45,000).

Although not technically a cap, it is also important to understand that only 25% of the total award of punitive damages goes to the victim, because it is deemed a penalty (similar to a fine) rather than compensation to the victim. The rest of the award goes to the State of Indiana to a fund established to help crime victims.

In cases where punitive damages are available, it is important to have an idea of your compensatory damages first so that you can fully understand what your case may be worth. This is particularly important when considering potential settlement offers. While you may only receive an part of a punitive damage award, the defendant is required to pay the full amount, which allows a potential avenue for negotiation. Never agree to the terms of a settlement without having your Indiana personal injury attorney assess the offer and discuss your options with you first.

Caps on Medical Malpractice Lawsuit Damages in Indiana

Like many other states, Indiana limits how much can be awarded in a medical malpractice case, which happens when a health care provider deviates from the professional standard of care and causes harm to their patient.

In Indiana, the total amount allowable for recovery by law for medical malpractice cases that occurred prior to June 30, 2019 is $1.65 million. On that date, a new law raised the applicable damages cap to $1.8 million. The cap that applies to you depends on the date you sustained your injury. This may not always be so clear in medical malpractice cases, so reach out to an experienced Hammond personal injury attorney if you have questions about what limits may apply to your situation.

Caps on Damages in Lawsuits Against the Government in Indiana

For personal injury lawsuits against the government in the State of Indiana, the total amount of recoverable damages is capped at $700,000. This may apply to any situation where the party you are suing is any type of government agency.

For instance, if you slipped and fell on poorly maintained public property, or if you were involved in an accident with a sanitation truck or a public bus, your case would be against the state or municipal agency responsible.

If you plan to name a government agency in a lawsuit, you should also take special care to address any notice requirements. Depending on the government agency, most plaintiffs have only a limited time to notify that agency that they intend to sue. This is separate from filing your actual lawsuit. An experienced Indiana personal injury lawyer will be familiar with the notice requirements you are facing and can help you meet them so long as you reach out as soon as possible after suffering your injury.

Caps on Damages in Wrongful Death Actions

Indiana wrongful death actions have their own set of requirements of what can and cannot be recovered which depends upon the age of the victim, whether they were a dependent of another person, or if an adult whether they were married or had dependents of their own. We cover caps and the types of damages recoverable in Indiana wrongful death actions in this article.

Ask an Indiana Personal Injury Attorney What Your Case is Worth in Indiana Today

If you have any questions about the statutory caps discussed above and how they may affect your recovery, reach out to the seasoned Indianapolis personal injury lawyers at Wruck Paupore by calling our offices today at (219) 322-1166. We can offer a free initial case assessment for your first call.

Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.

Your Legal Team

Your Legal Team


Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

Best Indiana Auto Accident Lawyer
Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

Best Personal Injury Lawyers Indianapolis
More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

Best Nursing Home Abuse Lawyers Indiana

Proven Results


Indianapolis Personal Injruy Attorneys
Indianapolis Personal Injruy Attorneys
Indianapolis Personal Injruy Attorneys
Indianapolis Personal Injruy Attorneys
Indianapolis Personal Injruy Attorneys
Indianapolis Personal Injruy Attorneys
Indianapolis Personal Injruy Attorneys
Indianapolis Personal Injruy Attorneys
***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

Real Client Testimonials