Indiana Code
Ind. Code § 34-51-3-4 (2025)
Maximum award of damages
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 4. A punitive damage award may not be more than the greater of:
(1) three (3) times the amount of compensatory damages awarded in the action; or
(2) fifty thousand dollars ($50,000).
[Pre-1998 Recodification Citation: 34-4-34-4.]
As added by P.L.1-1998, SEC.47.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1998–2024 · leading case: Fall v. Indiana Univ. Bd. of Trs., 33 F. Supp. 2d 729 (N.D. Ind. 1998).
Fall v. Indiana Univ. Bd. of Trs., 33 F. Supp. 2d 729 (N.D. Ind. 1998). “Ind.Code § 34-51-3-4 Does Not Apply Cohen also points to a “tort reform” measure enacted by the Indiana legislature on July 1, 1998, 15 to argue that the Plaintiffs state law punitive damage award must be reduced as a matter of law.”
Techna-Fit, Inc. v. Fluid Transfer Prods., Inc., 45 N.E.3d 399 (Ind. Ct. App. 2015). “I.C. § 34-51-3-4. Because FTP was awarded $125,000 for his breach of fiduciary duty, wé reverse the punitive damages award and order Trotter to pay punitive damages in the amount of $375,000.”
Stroud v. Lints, 760 N.E.2d 1176 (Ind. Ct. App. 2002). “Ind.Code § 34-51-3-4. What that means in the present case is that once it was established by clear and convincing evidence that punitive damages against Stroud were appropriate, the range of such damages was established by statute as being between $1 and approximately $4.”
Weidman v. Erie Ins. Grp., 745 N.E.2d 292 (Ind. Ct. App. 2001). “I.C. § 34-51-3-4 sets the maximum award of damages, and provides that a "punitive damage award may not be more than the greater of: (1) three (3) times the amount of compensatory damages awarded in the action; or (2) fifty thousand dollars ($50,000).”
State of Indiana v. John Doe, 987 N.E.2d 1066 (Ind. 2013). “Ind.Code §§ 34-51-3-4 & -5. On February 27, 2009, the trial court denied that motion, holding those statutes violated two provisions of our state Constitution: Article 3, Section 1, which requires the separation of governmental powers, and Article 1, Section 20, which guarantees…”
Allstate Ins. Co. v. Fields, 885 N.E.2d 728 (Ind. Ct. App. 2008). “The trial court reduced the punitive damage award to six million dollars pursuant to Indiana Code section 34-51-3-4. Allstate now appeals. ' Standard of Review When we review the grant or denial of summary judgment, we use the same standard of review as the trial court.”
Stickdorn v. Zook, 957 N.E.2d 1014 (Ind. Ct. App. 2011). “In sum, the Stickdorns requested compensatory and punitive damages pursuant to Indiana Code section 34-51-3-4, and for injunctive relief to abate the nuisance and trespass.”
Kevin McCarthy v. Patricia Fuller, 810 F.3d 456 (7th Cir. 2015). “Ind. Code § 34-51-3-4 . The jury had awarded Langsenkamp $1,000,000 in punitive damages but only $50,000 in compensatory damages.”
Westray v. Wright, 834 N.E.2d 173 (Ind. Ct. App. 2005). “Indiana Code section 34-51-3-4 requires that a punitive damages award may not exceed three times the amount of the compensatory damages award.”
Ralph Andrews v. Mor/Ryde Int'l, Inc., 10 N.E.3d 502 (Ind. 2014). “§ 34-51-3-2 (2008); capping awards at the greater of three times compensatory damages or $50,000, I.C. § 34-51-3-4; and diverting three-fourths of the punitive damage award to the State, I.”
Exec. Builders, Inc. v. Trisler, 741 N.E.2d 351 (Ind. Ct. App. 2000). “CODE § 34-51-3-4. This statute, which became effective on July 1, 1998, does not apply to this cause, inasmuch as the litigation commenced in 1987, prior to its enactment.”
Fate v. Buckeye State Mut. Ins., 174 F. Supp. 2d 876 (N.D. Ind. 2001). “00 in punitive damages as allowed by Indiana Code 34-51-3-4. 3. Court costs, attorneys fees, and prejudgment interest as allowable by Indiana law.”
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