What is the tort cap in Indiana?
Asked by: Janie Green | Last update: October 21, 2025Score: 4.8/5 (44 votes)
In 1974 the Indiana State General Assembly enacted legislation entitled the Indiana Tort Claims Act. The law currently in place, Indiana Code, Chapter 3, Section 4 addresses the $700,000 cap per claimant, a $5,000,000 limitation on the aggregate liability for all claimants, and prohibits punitive damage awards.
What is the payout for a tort claim?
In general, the average personal injury claim payout amount will fall between $10,000 and $50,000. Smaller cases may involve smaller payouts for a few thousand dollars. As for mass tort claims, payouts are typically much larger, usually reaching amounts in hundreds of thousands of dollars.
What are torts caps?
Non-economic damages caps are tort reforms to limit (i.e., "cap") damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life.
What is the pain and suffering cap in Indiana?
Limits on Damages
Some states impose limits on these types of awards. While Indiana doesn't cap damages for pain and suffering specifically, it does cap claims against the state at $700,000, and medical malpractice claims at $1.25 million.
What is the wrongful death cap in Indiana?
In Indiana, the damage caps for wrongful death lawsuits are as follows: $1.25 million cap for death caused by medical malpractice. $300,000 cap for loss of love and companionship damages for a deceased, unmarried adult with no dependents. $700,000 cap for death caused by a government entity.
Indiana Tort Claims Act
What is the highest wrongful death settlement?
The highest wrongful death settlement was $160 million.
What is the cap on punitive damages in Indiana?
In Indiana, punitive damages are capped at three times the amount of a compensatory damage award or $50,000, whichever is greater.
How much can you sue for pain and suffering in Indiana?
Unlike some other states, Indiana does not limit the amount of economic or noneconomic damages a victim can recover in a car accident claim. The only exception to this is if the lawsuit is filed against the State, in which case a victim can recover up to $700,000 in damages.
How do you get compensated for pain and suffering?
To make a pain and suffering claim, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents, recorded statements, and evidence.
What is the cap on pain and suffering damages?
In the 1978 Andrews Trilogy of cases, the Supreme Court set a cap of $100,000 for non-pecuniary injuries following catastrophic or serious bodily injuries. This amount is adjusted for inflation each year. In 2023, the serious impairment cap for pain and suffering damages is approximately $400,000.
What is a tort limit?
Limited-Tort: Limits your right to sue for pain and suffering, except in cases of “serious injury”. This “limited-tort” option qualifies you for a reduction in your premium. Full Tort: Does not limit your right to sue.
What are 3 types of torts?
- Intentional torts (e.g., intentionally hitting a person);
- Negligent torts (e.g., causing an accident by failing to obey traffic rules); and.
- Strict liability torts (e.g., liability for making and selling defective products - see Products Liability).
What makes a case a tort?
A tort is an act or omission that causes legally cognizable harm to persons or property. Tort law, in turn, is the body of rules concerned with remedying harms caused by a person's wrongful or injurious actions.
What is the average tort settlement?
The average personal injury settlement amount is approximately $55,056.08, which is based on data from over 5,861 cases that were settled between 2021 and 2024.
What is the most common tort claim?
This is the most common type of tort claim. Negligence occurs when someone causes harm to another by failing to exercise the appropriate care. The level of care is based on how a reasonable person would have acted in similar circumstances.
How do you win a tort case?
To win an intentional tort case, you must prove that the defendant intended to cause harm, and that harm resulted from their actions. This often involves establishing the intent or motive behind the actions, and proving that the harm caused was a direct result of those actions.
What is an acceptable settlement offer?
A variety of factors can affect what a reasonable settlement offer might be, including the following: Whether the injured plaintiff is partially liable. The extent and severity of the victim's injuries. The past and future likely costs of treatment. Whether the plaintiff is likely to fully recover or has fully ...
How much compensation for chronic pain?
Every case is different, but the amount of compensation is usually quite substantial. An individual suffering from Complex Regional Pain Syndrome (CRPS) can receive settlements ranging from hundreds of thousands to millions of pounds.
What type of damages are awarded for pain and suffering?
Damages for personal injury cases related to pain and suffering specifically include compensation for essentially having to “go through” the physical and/or emotional pain and suffering that you otherwise would never have to go through if this injury accident never occurred.
What are punitive damages in Indiana?
When Are Punitive Damages Awarded in Indiana? In Indiana, punitive damages are awarded in cases where the defendant's actions were intentional and particularly obvious. The plaintiff shall prove that the defendant is liable for gross negligence, fraud, or malicious or reckless behavior.
Is there a limit to pain and suffering?
Your time starts on the day of the accident. Also, the other limitation is the amount that you, the plaintiff, can sue for. In general, there is no cap on the amount of damages that can be awarded for pain and suffering.
Do you have to pay taxes on a personal injury settlement in Indiana?
Regardless of whether the case was settled in or out of court, if you are getting compensated for a physical injury or illness, you are generally not subject to federal or state taxation.
What is the damage cap for the tort claims law in Indiana?
The Indiana Tort Claims Act (ITCA) establishes limits on the amount of damages that can be recovered from a government entity. The total amount recoverable in any given case is limited to $700,000 per individual claimant and $5 million in aggregate for all claimants arising out of any one occurrence.
How much punitive damages should I ask for?
It is hoped that making the perpetrator pay a sum stretching beyond compensatory damages will deter both the defendant and others from committing similar misdeeds in the future. A typical cap on punitive damages is four times the amount of compensatory damages.
What is a cap on damages?
A damage cap is a law that restricts how much a plaintiff can recover from a defendant. The point of a damage cap is to help the economy. It prevents defendants such as hospitals and the government from large payouts that could make them go bankrupt. It also discourages false claims.