If someone in Georgia hurts you through reckless or malicious behavior, you might be able to collect more than just normal compensation (like money for medical bills and lost wages). You could also ask for punitive damages, which are meant to punish the at-fault party and discourage others from acting the same way.
Below is an explanation of punitive damages, how they work in Georgia, and why they’re different from standard personal injury compensation.
What Are Punitive Damages?
Most people who file an injury claim in Georgia seek “compensatory damages” for financial and personal losses. These damages pay for medical costs, property damage, pain and suffering, and more. Punitive damages serve a different purpose. They focus on punishing or penalizing the defendant for outrageous conduct instead of just repaying the victim.
It’s like a penalty fee for behavior that goes beyond a “normal” accident. If someone acted with extreme recklessness or intentional harm, you might ask for punitive damages to make sure they don’t do something similar again. Punitive damages can also send a message to others in the community that such actions will not be tolerated.
When Punitive Damages Might Apply
Punitive damages rarely apply to ordinary accidents. Instead, they come into play when the defendant’s behavior goes far beyond carelessness. Under Georgia law, you must show “clear and convincing evidence” that the other person acted with willful misconduct, malice, fraud, or a similar high level of wrongdoing.
Here are a few scenarios where punitive damages might be on the table:
- Driving Under the Influence: If someone caused a car accident while extremely drunk or drugged, that could be grounds for punitive damages.
- Intentionally Causing Harm: Assault or other purposeful attacks can lead to a punitive damages claim.
- Repeated Unsafe Behavior: If a business or person knowingly continues a dangerous practice and someone gets hurt, that might support punitive damages.
Just being negligent is not enough. Georgia law wants clear proof that the defendant did something very bad or reckless. If you can’t meet that higher burden, you can still seek normal damages, but not punitive ones.
Burden of Proof and Limits
Regular injury claims in Georgia only need you to prove your side by a “preponderance of the evidence” (meaning more likely than not). However, punitive damages require clear and convincing evidence of the defendant’s extreme wrongdoing. This is a tougher standard to meet.
Also, some Georgia laws cap punitive damages at $250,000 in most cases, but there are exceptions. For example, if the at-fault party behaved intentionally or was under the influence of alcohol or drugs, the cap might not apply. A court may look at how bad the defendant’s behavior and financial status were to set a fair punitive damages amount.
How Punitive Damages Affect Your Case
Punitive damages can greatly increase the total amount you could win in a personal injury lawsuit. However, seeking them is risky and may lead to a bigger fight from the defendant or insurer. They don’t want to pay a large penalty, so they may challenge your claim more aggressively.
Sometimes, just the threat of punitive damages can push a defendant to settle faster. If you have strong evidence of extreme carelessness, they might not want to face a jury’s anger in court. An insurance company may decide it’s cheaper to settle than take the chance of being hit with a big punitive award.
Will My Case Go to Trial?
As with many injury claims, your case might settle before reaching a courtroom. However, punitive damages often come up during litigation because insurers know juries may react strongly to extreme conduct. If you have evidence of reckless or intentional wrongdoing, you could push for a settlement that factors in the potential for punitive damages. If the defendant won’t pay, you might decide to let a judge or jury hear your case.
Lawsuits can require time and resources, but you shouldn’t back down if you have a valid claim for punitive damages. Sometimes, it’s the only way to hold the defendant fully accountable. Talking to a lawyer about the pros and cons of going to trial can help you make the right choice.
Contact a Savannah Personal Injury Lawyer Today
Punitive damages aren’t granted in every case, but they can play a major role when someone’s conduct is truly egregious. Contact our Bowen Painter Injury Lawyers to schedule a free consultation with a Savannah personal injury lawyer for help with your case. An attorney can review your situation, gather the evidence needed for a potential punitive damages claim, and guide you through negotiations or a courtroom battle. Contact us at (912) 335-1909.