Punitive damages are a specific type of compensation awarded in personal injury cases, such as car accidents, to punish the defendant for particularly egregious behavior and to deter similar actions in the future. Unlike compensatory damages that aim to reimburse victims for losses, punitive damages are intended to penalize the wrongdoer. If you’ve been injured due to someone’s reckless or malicious actions, you may be eligible for punitive damages in addition to other forms of compensation. An experienced personal injury attorney can help determine if punitive damages apply to your case and guide you through the process.
Types of Damages in Personal Injury Cases
In Georgia, damages generally fall under one of the following three categories:
Economic Damages
Economic damages represent the direct financial losses someone experiences as a result of the accident, including:
- Emergency medical treatment
- Rehabilitation and ongoing medical expenses
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
Medical bills, wage loss statements, estimates for vehicle repairs, and receipts can generally determine the value of these damages.
Non-Economic Damages
Courts recognize that not all harm victims suffer can be easily quantified. Personal injury victims can be compensated for non-economic damages such as:
- Physical and emotional pain and suffering
- Anxiety
- Hardship
- Distress
- Discomfort
- Inconvenience
- Physical impairment
- Mental anguish
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
- Loss of society and companionship
- Loss of consortium
- Injury to reputation
A lawyer can help argue that you receive fair compensation for these losses. Together, economic and non-economic damages comprise compensatory damages.
Punitive Damages
Georgia’s punitive damages statute allows for awards in cases where the defendant’s actions show “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Punitive damages are only awarded in court cases. Insurance companies do not award them in personal injury claims. Georgia’s punitive damages statute says that these damages are awarded to “penalize, punish, or deter a defendant.”
Special Rules Regarding Punitive Damages in Georgia
Georgia requires that plaintiffs meet certain legal hurdles, such as:
- Specific prayer for relief: Plaintiffs must specifically request punitive damages in their complaint. The trier of fact must resolve whether an award of punitive damages must be made through a specific verdict form before these damages are awarded.
- Clear and convincing evidence standard: Plaintiffs must demonstrate that punitive damages are appropriate by clear and convincing evidence. This is a higher burden of proof than that of by the preponderance of the evidence, which is required to win your personal injury case.
- Damages cap: If the trier of fact determines that punitive damages will be awarded, it receives evidence that is relevant to determining the amount of these damages that would be sufficient to deter, penalize, or punish the defendant. This amount is limited to $250,000 in most cases. However, this damages cap does not apply to cases involving product liability, a defendant’s intentional actions, or while the defendant was under the influence of drugs, alcohol, or other substances.
- Damages allotment: If punitive damages are awarded, 75% of the damages less a proportionate part of the costs of litigation and reasonable attorney’s fees must be paid into the treasury of the state.
Punitive damages in Georgia are subject to strict procedural and evidentiary requirements, making them more difficult to obtain than compensatory damages.
Cases When Punitive Damages May Be Awarded
Punitive damages are only permitted in personal injury lawsuits where aggravating circumstances exist. Some examples of cases in which punitive damages may be awarded in Georgia include:
- Product liability lawsuits: Punitive damages can be awarded in product liability cases, such as when a drug or medical device company willfully withheld information that would have protected consumers.
- Drunk driving cases: If a defendant injures or kills someone because they were driving under the influence of drugs or alcohol, the judge or jury could order punitive damages. However, these damages are only awarded against the drunk or high driver, not against a third party, such as a club that overserved the drunk driver.
- Criminal acts of violence: Punitive damages can be awarded in cases in which the defendant acted willfully to harm another, such as assault, murder, nursing home abuse, or kidnapping.
Other cases could establish a right to pursue punitive damages so long as they involved aggravating circumstances that showed willful misconduct, malice, fraud, wantonness, oppression, or a conscious indifference to harm to others. The best way to determine if your case may be eligible for punitive damages is to work with an experienced personal injury lawyer.
Contact an Experienced Personal Injury Lawyer for Help Determining the Damages for Your Case
If you were injured in an accident caused by someone else’s negligence, the experienced legal team at Goldstein, Hayes & Lina LLC can help. Our lawyers have successfully recovered over $250 million for our deserving clients. We can investigate your case, carefully review the details, and explain the compensation to which you may be entitled. Call us today at (404) 869-8600 for a free consultation to discuss your legal rights and options.
