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 requeststhe 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 civilaction, that person must establish, by clear and convincing evidence,all of the facts that are relied upon by that person to support therecovery 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 advisedof:
        (1) the limitation on the amount of a punitive damage awardunder section 4 of this chapter; or
        (2) the requirement under section 6 of this chapter concerningallocation of money received in payment of a punitive damageaward.
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 greaterof:
        (1) three (3) times the amount of compensatory damagesawarded 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 thelimitation under section 4 of this chapter, the court shall reduce thepunitive damage award to not more than the greater of:
        (1) three (3) times the amount of compensatory damagesawarded 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 ofaward; state's interest in award    Sec. 6. (a) Except as provided in IC 13-25-4-10, when a finder offact announces a verdict that includes a punitive damage award in acivil action, the party against whom the judgment was entered shallnotify the office of the attorney general of the punitive damageaward.
    (b) When a punitive damage award is paid, the party againstwhom the judgment was entered shall pay the punitive damage awardto the clerk of the court where the action is pending.
    (c) Upon receiving the payment described in subsection (b), theclerk of the court shall:
        (1) pay the person to whom punitive damages were awardedtwenty-five percent (25%) of the punitive damage award; and
        (2) pay the remaining seventy-five percent (75%) of thepunitive damage award to the treasurer of state, who shalldeposit the funds into the violent crime victims compensationfund established by IC 5-2-6.1-40.
    (d) The office of the attorney general may negotiate andcompromise a punitive damage award described in subsection (c)(2).
    (e) The state's interest in a punitive damage award described insubsection (c)(2) is effective when a finder of fact announces averdict 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.