Understanding Punitive Damages in Georgia Personal Injury Lawsuits

Understanding Punitive Damages in Georgia Personal Injury Lawsuits

In a Georgia personal injury lawsuit, your “damages” are the compensation you receive for the losses you suffered due to someone else’s actions. Most of the compensation you receive in these cases is meant to make up for the harm you’ve sustained, but you can also pursue “punitive damages” in limited circumstances. Punitive damages serve a different purpose and can significantly increase your compensation, but you’ll need legal help to obtain them.

Punitive Damages vs. Compensatory Damages

Compensatory damages cover what you’ve lost when you’re injured in an accident. These damages pay for your losses—like medical bills, lost income, damaged property, pain and suffering, emotional distress, or the loss of enjoyment in your daily life.

Punitive damages are different. These aren’t about what you lost—they’re about punishing the at-fault party and sending a message to other potential wrongdoers. For example, if a drunk driver hit you, a court might award punitive damages to you to punish that driver’s behavior and discourage others from doing the same.

Requirements for Punitive Damages in Georgia

You must meet specific legal requirements to recover punitive damages in a Georgia personal injury case. First, you must prove that the at-fault party’s behavior went far beyond simple negligence. Under Section 51-12-5.1 of the Georgia Code, punitive damages are only allowed when a defendant’s actions show willful misconduct, malice, fraud, oppression, wantonness, or a total disregard for the safety of others. You must also present clear and convincing evidence that this is so—a higher legal standard than that required for compensatory damages.

Punitive damages aren’t automatic in personal injury lawsuits. You must specifically request them in your lawsuit and take your case to trial. If you win your trial, the jury will decide whether punitive damages are appropriate based on the facts. If so, a second phase of the trial determines the dollar amount.

Are There Caps on Punitive Damages in Georgia?

Punitive damages are usually limited to $250,000 in most Georgia personal injury cases. However, there is no cap if the defendant was intoxicated or deliberately injured you. The $250,000 cap also doesn’t apply in product liability cases, but in those cases, 75% of the punitive damages go to the state treasury.

Deadline to File a Georgia Personal Injury Lawsuit and Seek Punitive Damages

In most cases, you have two years from the date you sustained your injuries to file a Georgia personal injury lawsuit against the at-fault party. Contacting a lawyer immediately is vital if you intend to seek punitive damages, as these cases take time to build and require airtight evidence.

How Kaufman Injury Law Can Help You Recover Punitive Damages

Kaufman Injury Law can handle every step of your personal injury case—from gathering evidence and negotiating with insurance companies to fighting for full compensation in court. We know how overwhelming an accident can be, and we’ll handle the legal heavy lifting so you can focus on healing.

If your case involves extreme misconduct or intentional injuries, we can pursue punitive damages on your behalf. Our team will investigate thoroughly to uncover evidence of reckless, malicious, or deliberate injuries. We’ll build a case that meets Georgia’s high standard of proof and ensure your request for punitive damages is clear from day one. Since punitive damages require a trial, we’ll prepare arguments for the judge or jury, counter the other side’s evidence, and demonstrate the liable party’s egregious actions.

Ready to speak to our team about your case? Call Kaufman Injury Law now or complete our contact form for a free consultation.