Am I eligible for punitive damages in a catastrophic injury case?

In Indiana, punitive damages in catastrophic injury cases are generally not available. Punitive damages are meant to punish a defendant for their misconduct, rather than to compensate a plaintiff for their losses. In Indiana, the law limits punitive damages to extreme cases, and states that they are only available if the defendant’s conduct is “intentional, malicious, oppressive or fraudulent.” Unless the defendant’s act that caused your catastrophic injury meets this criteria, you will not be eligible for punitive damages in a court of law. Even if you are eligible for punitive damages, Indiana law caps the damages at three times the amount of the compensatory damages. Compensatory damages are meant to reimburse a victim for their losses such as medical bills, recovery time, and any other expenses they incurred due to the injury. When looking to recover damages for a catastrophic injury, it is best to consult an experienced attorney who is knowledgeable about the law in Indiana. By discussing your case with a legal expert, you can be sure that you are pursuing all available legal options and getting the best outcome for your situation.

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