An accident can leave you with questions about what the law allows you to recover. Aside from covering your medical bills and lost income, you might be asking about whether there is a way for you to receive compensation from the driver themselves.
The meaning of punitive damages
Punitive damages, which courts also call exemplary damages, serve a different purpose than simply paying for your losses. Compensatory damages cover your medical bills while punitive damages exist to penalize a defendant for particularly harmful behavior and to discourage similar behavior in the future.
The conduct behind an award
Indiana law permits punitive damages only when the evidence points to conduct well beyond ordinary carelessness. The driver must have acted with malice, fraud, gross negligence or a conscious disregard for the safety of others.
Courts may also look at whether the defendant knew their actions carried a high chance of causing harm. A history of reckless action or prior offenses can help show that the at-fault party acted with deliberate disregard for public safety.
The evidence a court may weigh
The following types of records and testimony can play a role in meeting the court’s higher standards:
- Police and crash reports documenting reckless or unlawful operation
- Chemical testing that confirms intoxication at the time of the collision
- Electronic and phone records indicating distraction before impact
- Witness accounts detailing erratic or aggressive driving
- A prior record of violations establishing a pattern of recklessness
Speaking with an attorney can help you evaluate whether the available documents that you have and further gather any that you might need.
The constraints under state law
Indiana places a statutory cap on punitive awards. The maximum amount is the greater of three times your total compensation or $50,000. If a jury awards more than that limit, the court is required to reduce the award to comply with the cap.
A separate allocation rule also affects what you receive. Under Indiana law, you collect only 25 percent of any punitive award, while the remaining 75 percent goes to the state’s Violent Crime Victims Compensation Fund.
Furthermore, you have two years from the date of your car accident to file a lawsuit. Missing this deadline prevents you from seeking any form of damages.
