If you were hurt in an accident caused by someone else’s negligence or wrongdoing, you might be entitled to compensation. Most personal injury claims focus on covering your financial losses and the pain you’ve suffered. However, in some cases, Georgia law allows for extra damages, known as punitive damages. These damages are meant to punish the wrongdoer for especially reckless or intentional actions.
Punitive damages are rare and are awarded only in specific situations. But when they are granted, they can significantly increase the amount you receive from a personal injury claim. Understanding what they are and how they work can help you know if you might be eligible.
What Are Punitive Damages?
Punitive damages, sometimes called exemplary damages, are designed to punish the defendant rather than to compensate you for your losses.
Punitive damages are awarded in cases where the defendant’s conduct was more than just careless—it must involve:
- Willful misconduct: The defendant intentionally caused harm.
- Malice: The defendant acted with ill will or spite.
- Fraud: The defendant deceived you, leading to your injury.
- Wantonness: The defendant showed reckless disregard for consequences.
- Oppression: The defendant subjected you to unjust hardship.
- Conscious indifference to consequences: The defendant didn’t care about the safety of others.
In Georgia, punitive damages are separate from compensatory damages. Compensatory damages aim to make you “whole” by covering your financial losses and other hardships. Punitive damages serve as a warning to prevent the defendant and others from engaging in similar harmful actions in the future.
Types of Compensatory Damages in Georgia
Before we talk more about punitive damages, it’s important to understand the main types of compensatory damages you can receive in a personal injury case.
These damages include:
- Economic damages: These cover measurable financial losses like medical bills, lost wages, out-of-pocket expenses, and property damage.
- Non-economic damages: These compensate for non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Compensatory damages are awarded in most personal injury cases to help you recover from your losses. Punitive damages require meeting higher legal standards.
How Are Punitive Damages Proven in Georgia?
Proving that you deserve punitive damages in Georgia is more challenging than proving compensatory damages. Usually, in personal injury claims, you must show by a “preponderance of the evidence” that the defendant is responsible, meaning it’s more likely than not.
To get punitive damages, you must provide “clear and convincing evidence” that the defendant acted with:
- Intentional harm: The defendant meant to cause injury.
- Recklessness: The defendant knew their actions were dangerous but did them anyway.
- Extreme negligence: The defendant showed a complete lack of care for others’ safety.
This means you have to prove that the defendant’s actions were more than just careless—they were extreme or intentional. For example, if a driver was heavily intoxicated and caused an accident, their behavior might be considered reckless enough to justify punitive damages.
Legal Caps on Punitive Damages in Georgia
Georgia law sets limits on the amount of punitive damages you can receive. These caps are designed to prevent excessively large awards.
Under state law, punitive damages are capped at $250,000 in most personal injury cases.
However, there are exceptions for cases involving:
- Intentional harm: The defendant acted deliberately to cause injury.
- Influence of alcohol or drugs: The defendant was under the influence at the time of the accident.
- Product liability cases: Cases involving defective products.
For example, if you are awarded $100,000 in compensatory damages and the defendant was drunk driving, the cap on punitive damages may not apply. This allows the court to award a higher amount to punish particularly reckless behavior.
Examples of Punitive Damages in Georgia
Punitive damages are not awarded in every case. The defendant’s actions must have been especially wrongful.
Some examples where punitive damages might be awarded include:
- Drunk driving accidents: If the at-fault driver was intoxicated and caused the accident.
- Intentional assaults: Cases where the defendant deliberately harmed you.
- Fraudulent business practices: If a company knowingly sold a dangerous product or engaged in deceptive practices.
- Severe negligence: Situations where the defendant ignored safety rules, leading to serious injury.
In these situations, the defendant’s behavior goes beyond ordinary negligence and shows a reckless disregard for others’ safety.
How a Personal Injury Attorney Can Help
If you’ve been injured due to someone else’s actions in Georgia, an experienced personal injury lawyer can help. This is especially true in cases where punitive damages might be available, as you’ll almost certainly need an attorney to represent you in court.
A personal injury lawyer can:
- Evaluate your case: Determine if the defendant’s conduct meets the criteria for punitive damages.
- Gather evidence: Collect necessary proof to show the defendant’s extreme behavior.
- Handle legal procedures: Manage filings and deadlines and represent you at trial.
Punitive damages can significantly increase the compensation you receive, but obtaining them requires meeting strict legal standards. A knowledgeable lawyer can guide you through the process and fight to get you the justice you deserve.
Contact an Experienced Sandy Springs Personal Injury Lawyer
Punitive damages in Georgia are meant to punish wrongdoers for especially bad behavior and to discourage others from doing the same. They are rare and only awarded in specific cases where the defendant’s actions were intentional or showed extreme recklessness.
Understanding whether punitive damages apply to your case can be complex. If you think you might be eligible, consider a free consultation with a Sandy Springs personal injury attorney from Guardian Accident & Injury Lawyers. They can help you understand your rights and explore all options for recovering compensation.