§ 34-51-3-6 — Payment and allocation of damages; notification; negotiation of award; state's interest in award

Indiana § 34-51-3-6

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 51: DAMAGES
• Ch. 3: Punitive Damages

Text

(a) Except as provided in IC 13-25-4-10, when
a finder of fact announces a verdict that includes a punitive damage
award in a civil action, the party against whom the judgment was
entered shall notify the office of the attorney general of the punitive
damage award.
(b) When a punitive damage award is paid, the party against whom
the judgment was entered shall pay the punitive damage award to the
clerk of the court where the action is pending.
(c) Upon receiving the payment described in subsection (b), the
clerk of the court shall:
(1) pay the person to whom punitive damages were awarded
twenty-five percent (25%) of the punitive damage award; and
(2) pay the remaining seventy-five percent (75%) of the punitive
damage award to the treasurer of state, who shall deposit the
funds into the violent crime victims compensation fund
established by IC 5-2-6.1-40.
(d) The office of the attorney general may negotiate and
compromise a punitive damage award described in subsection (c)(2).
(e) The state's interest in a punitive damage award described in
subsection (c)(2) is effective when a finder of fact announces a verdict
that includes punitive damages.
[Pre-1998 Recodification Citation: 34-4-34-6.]

Legislative History

As added by P.L.1-1998, SEC.47. Amended by P.L.105-2006, SEC.2; P.L.1-2007, SEC.224.