Indiana: What Counts as Economic vs. Non-Economic Damages

In most states, this split decides what's capped. In Indiana medical malpractice, both sides get combined into one single cap instead.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In an Indiana personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain and suffering, emotional distress, and loss of enjoyment of life. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

Why Indiana's medical malpractice cap works differently

In most states that cap medical malpractice damages, this split decides what's actually limited — the cap applies only to the non-economic side, while economic damages like medical bills pass through uncapped. Indiana's Medical Malpractice Act takes a genuinely different approach: the $1,800,000 cap applies to the combined total of economic and non-economic damages together. That means a case with very large medical expenses alone can approach the cap, leaving little or no room for a separate non-economic recovery on top.

The split still matters for the math, even without separate caps

Outside medical malpractice, where neither category is capped, the economic vs. non-economic distinction still matters practically: the multiplier method is applied specifically to your economic damages total, so a complete and well-documented economic tally still drives the size of the overall estimate.

Fault treats both categories the same way

Whichever fault rule applies to your claim — the 51% bar for ordinary cases, or pure contributory negligence for medical malpractice — it doesn't distinguish between economic and non-economic damages. If your fault bars the claim, it bars recovery of both categories together.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in an Indiana personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in an Indiana personal injury claim?

Non-economic damages cover losses that aren't a specific dollar receipt — pain and suffering, emotional distress, and loss of enjoyment of life.

Does Indiana treat this split differently than most states in medical malpractice?

Yes. Most states that cap medical malpractice damages cap only the non-economic side. Indiana's Medical Malpractice Act caps the combined total of economic and non-economic damages together at $1,800,000.

Does this split matter in an ordinary Indiana personal injury case?

Less so, since neither category is capped outside medical malpractice. The split still matters for calculating the multiplier, since it's applied specifically to the economic damages total.

Does this split affect Indiana's fault rules?

No. Whichever fault rule applies — the 51% bar for ordinary cases or pure contributory negligence for medical malpractice — it treats economic and non-economic damages the same way, barring or reducing both together.

This page provides general guidance only and is not legal advice. Figures are based on general US personal injury damages categories and Indiana's Medical Malpractice Act, verified per our methodology. Confirm what counts toward a specific claim with a licensed Indiana attorney before acting.