{"id":373306,"date":"2016-11-14T14:28:03","date_gmt":"2016-11-14T19:28:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/pain-and-suffering-damages-in-indiana.html"},"modified":"2018-12-10T15:54:06","modified_gmt":"2018-12-10T20:54:06","slug":"pain-and-suffering-damages-in-indiana","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/pain-and-suffering-damages-in-indiana.html","title":{"rendered":"Pain and Suffering Damages in Indiana"},"content":{"rendered":"\n
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Pain and Suffering Damages in Indiana<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Whether you’re a Hoosiers fan, one of the Fighting Irish, or you prefer the thrill of the Indianapolis Motor Speedway, you know accidents don’t just happen to athletes and racecar drivers. If you’ve been injured and you’re pursuing a claim against someone in Indiana, you may be able to recover damages for pain and suffering, a legal term for the physical and emotional distress caused by a physical injury. Read on to learn about the law regarding pain and suffering damages in Indiana.<\/p>\r\n

The table below outlines key aspects of Indiana law regarding pain and suffering damages, including damage caps and the statute of limitations.<\/p>\r\n\r\n
Statute of Limitations<\/b><\/td>\r\n

2 years for personal injury, medical malpractice, and product liability (Sec’s. 34-11-2-4(1)<\/a>, 34-11-2-3<\/a>, & 34-20-3-1<\/a>); 270 days to give notice of a claim against state (Sec. 34-13-3-6<\/a>); 180 days to give notice to a city or county (Sec. 34-13-3-8<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/b><\/td>\r\n$1,250,000 cap on medical malpractice claims (Sec. 34-18-14-3<\/a>) ($1.65 million after June 30, 2017; $1.8 after June 30, 2019); $700,000 cap on most claims against the state (Sec. 34-13-3-4<\/a>)<\/td>\r\n<\/tr>
Other Limits<\/b><\/td>\r\nComparative negligence rule may prohibit or reduce recovery of any damages (Sec. 34-51-2-5, et seq.<\/a>)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Types of Damages: Economic vs. Non-economic<\/h2>\r\n

Most personal injury claims involve two kinds of damages<\/a>: economic (or "special") and non-economic (or "general"). Economic damages are the objective, out-of-pocket expenses of an accident, like medical bills and lost wages. Non-economic damages are harder to calculate and refer to the more subjective costs of an injury, including physical and emotional pain and suffering (for example: depression, insomnia, and physical pain).<\/p>\r\n

How Pain and Suffering Damages Are Calculated<\/h2>\r\n

Since each person experiences pain and suffering differently, the damages for pain and suffering are inherently difficult to measure<\/a> and vary widely. Furthermore, courts often give juries very little instruction for deciding how much to award the injured. However, attorneys and juries sometimes use relevant factors to assign value to these kinds of damages, including:<\/p>\r\n