Personal injury cases in Georgia often involve compensation for medical bills, lost income, and pain and suffering. However, courts may also award punitive damages in Georgia if a defendant acted intentionally or was especially reckless. These damages are intended to punish the defendant and deter similar behavior.
Our Alpharetta personal injury lawyers can determine if your case meets the criteria for punitive damages and fight for the maximum compensation.
Types of Damages in a Personal Injury Lawsuit
There are three categories of damages in personal injury cases. Punitive damages are less common than the other two types.
Economic Damages
Economic damages are financial losses that the plaintiff suffers due to their injury. Economic damages are tangible and measurable and may include medical expenses, lost wages, property damage, and other out-of-pocket costs.
Non-Economic Damages
Non-economic damages compensate the victim for non-financial harms such as pain and suffering, emotional distress, and loss of consortium (the inability to maintain relationships due to the injury). These are subjective and harder to quantify than economic damages.
Punitive Damages
Punitive damages, on the other hand, are not awarded to compensate the victim. Instead, they are designed to punish the defendant for particularly reckless or malicious behavior and serve as a deterrent to others.
Unlike economic and non-economic damages, punitive damages are only awarded in lawsuits and are not offered as part of a settlement. However, an insurance company may offer a higher drunk driving accident settlement to avoid paying punitive damages.
What Cases Qualify for Punitive Damages in Georgia?
Not every personal injury case qualifies for punitive damages. For punitive damages to be awarded, the plaintiff must prove that the defendant’s actions were particularly harmful or reckless. Georgia law sets a high threshold for these damages to be imposed.
According to Georgia law (O.C.G.A. § 51-12-5.1), punitive damages may be awarded when the defendant’s conduct involves “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”
In other words, punitive damages are reserved for situations where the defendant knowingly engaged in harmful behavior or showed a blatant disregard for the safety and well-being of others. For example, victims in a product liability case could receive punitive damages if the manufacturer withheld information about safety risks.
Other examples of cases where courts may award punitive damages in Georgia include:
- Drunk driving accidents
- Nursing home abuse
- Civil lawsuit for assault and battery
Burden of Proof for Punitive Damages
To be awarded punitive damages in Georgia, the plaintiff must meet a higher burden of proof than is required for compensatory damages. Compensatory damages can be proven by a “preponderance of the evidence,” which means more likely than not.
Punitive damages must be proven by “clear and convincing evidence.” This standard requires stronger proof that the defendant’s actions were intentional, malicious, or grossly negligent.
How Much Can You Receive in Punitive Damages in Georgia?
In most cases, Georgia law caps punitive damages at $250,000. This means that even if a jury awards a larger punitive amount, the final award will be reduced to $250,000.
However, there are specific exceptions where the limit on punitive damages does not apply.
- Product Liability Cases: There is no maximum limit on punitive damages in product liability cases.
- Intentional Harm: If the plaintiff can prove that the defendant acted with the specific intent to harm them, there is no cap on the punitive damages
- Impairment: If the defendant’s judgment was impaired by alcohol or drugs (excluding legally prescribed medications taken as directed), the cap on punitive damages does not apply.
Another key aspect of punitive damages in Georgia is how the award is distributed. If punitive damages are awarded, 75% of the total amount goes to the state treasury, with only 25% going to the plaintiff.
How an Alpharetta Personal Injury Lawyer Can Help
When dealing with a personal injury case, the legal landscape can be overwhelming. At Horst Shewmaker, our personal injury attorneys in Alpharetta will work tirelessly to secure the maximum compensation.
Identifying all Liable Parties
A seasoned attorney can help you identify all potentially liable parties. For example, this could mean holding multiple defendants accountable in a truck accident case, including the truck driver and trucking company.
Gathering Crucial Evidence
Building a strong personal injury case requires substantial evidence to support your claim. An experienced attorney knows exactly what to look for and how to obtain the necessary evidence to prove liability and establish damages.
This may include:
- Analyzing the accident report
- Collecting medical records
- Interviewing witnesses
- Obtaining surveillance footage
- Enlisting experts such as accident reconstruction specialists
One of the biggest challenges in obtaining punitive damages is proving that the defendant acted with malice, gross negligence, or reckless disregard for safety. Our team will work tirelessly to present clear and convincing evidence to meet the higher burden of proof required for punitive damages.
Calculating Damages
An experienced personal injury attorney lawyer will carefully evaluate all your damages. This includes medical bills, rehabilitation costs, lost wages, loss of future earning capacity, emotional distress, and pain and suffering.
We will assess if your case qualifies for punitive damages.
Negotiating a Settlement
Many personal injury cases never go to trial because they are resolved through settlement negotiations. While it may be tempting to settle quickly, it’s important to understand that insurance companies strive to minimize payouts.
A personal injury attorney can negotiate on your behalf to ensure that you don’t settle for less than you deserve. They will know the value of your case and push for a settlement that covers both your immediate and future needs.
Representing You in Court
If a fair settlement cannot be reached through negotiation, your case may go to court. Litigation can be a daunting process, but having an experienced attorney at your side can make all the difference. Your personal injury lawyer will prepare a comprehensive legal strategy. From filing motions to handling depositions, your attorney will navigate all legal procedures in your personal injury lawsuit.
Contact Horst Shewmaker Today for a Free Case Review
Punitive damages in Georgia personal injury cases are awarded in cases of egregious conduct, and they serve a dual purpose: to punish wrongdoers and to discourage others from similar behavior.
While the cap on punitive damages is generally set at $250,000, certain cases—such as product liability or impaired driving—are exceptions to this rule. If you believe that your injury case may qualify for punitive damages, it’s crucial to consult with a knowledgeable personal injury attorney.
At Horst Shewmaker, we are committed to helping our clients in Alpharetta and across Georgia pursue justice and obtain the compensation they deserve. Contact us today for a free consultation to discuss your case and explore your legal options.
