If you’ve been hurt in an accident or another harmful incident, compensation from a personal injury claim can help you recover and move forward. In some cases, you may be eligible for punitive damages—a special type of compensation meant to punish the wrongdoer and deter similar behavior. A Nahunta personal injury lawyer can evaluate your case and determine whether seeking punitive damages in Georgia could increase your total recovery.
What Are Punitive Damages in a Nahunta Personal Injury Case?
Punitive damages in Georgia are different from compensatory damages. A victim receives compensatory damages to reimburse them for medical bills, out-of-pocket expenses, lost wages, and other economic damages. They may also receive an award for pain and suffering and other non-economic damages.
However, punitive damages are not awarded to reimburse or compensate the injured party. Instead, juries award punitive damages as a punishment for the defendant (i.e., the party who caused your injuries). In addition to punishing the defendant for grossly negligent, malicious, or egregious behavior, punitive damages also serve as a deterrent for others who might consider engaging in the same conduct.
When Are Punitive Damages Awarded in Georgia?
In Georgia, Punitive damages may only be awarded if a jury determines the defendant acted with:
- Malice
- Willful misconduct
- Oppression
- Fraud
- Wantonness
- An entire lack of care that raises the presumption that the defendant had a conscious indifference to the consequences of their actions
The law requires a higher level of proof for punitive damages. The injured party (i.e., plaintiff) must prove the requirements for punitive damages by clear and convincing evidence. Compensatory damages require a lower burden of proof (by a preponderance of the evidence).
How Are Punitive Damages Awarded?
The plaintiff must ask for punitive damages in the complaint. The jurors must find whether the evidence at trial supports an award for punitive damages.
If the jury awards punitive damages, the trial resumes to hear evidence relevant to determining the amount of punitive damages to be awarded. Jurors must determine an amount that is sufficient to punish, deter, and penalize the defendant based on the facts and circumstances of the case.
Punitive damages are not awarded for simple negligence. Instead, the plaintiff must prove the defendant acted with the intent to cause harm to someone (i.e., willful misconduct, fraud, or malice). Proving the defendant acted with wantonness (i.e., reckless disregard for the safety or rights of others) or a conscious indifference to consequences (i.e., extreme departure from the standard of care) can result in punitive damages.
Are There Caps on Punitive Damages in a Georgia Personal Injury Lawsuit?
The Georgia punitive damages limit for most personal injury cases is $250,000. However, there are exceptions for some cases.
Punitive damages caps do not apply in cases involving:
- Product liability
- Cases involving intentional harm
- DUI-related injury claims
Furthermore, in product liability cases, a portion of the punitive damages is paid to the state. The state receives 75% of the punitive damages award, minus a portion of the costs incurred in bringing the case to trial.
How Georgia Courts Determine the Amount of Punitive Damages
Jurors are the triers of fact in a personal injury lawsuit. They decide what to believe and how to apply the evidence in the case. They also decide whether to award punitive damages and, if so, the amount of punitive damages.
The plaintiff’s personal injury lawyers argue for maximum punitive damages based on the factors in the case.
Factors the jurors and courts consider include:
- The harm sustained by the plaintiff because of the defendant’s actions
- The defendant’s financial status
- The degree of reprehensibility of the defendant’s conduct
- Recent Georgia case law related to punitive damages, if applicable
- The need to deter the defendant and others from repeating the reprehensible conduct
Punitive damages may be awarded in cases involving violent assaults, including sexual assault. Jurors may also find that punitive damages are justified in cases involving DUI accidents, defective products, nursing home abuse, and intentional environmental harm that affects public safety and health.
Statute of Limitations for Punitive Damages in Georgia
Punitive damages must be claimed in the complaint filed against the defendant. Therefore, the statute of limitations for punitive damages is the same as the underlying personal injury case that gives rise to punitive damages.
Georgia’s statute of limitations for most personal injury claims is two years from the date of the injury or accident. However, the deadline may vary depending on the unique factors of your case. Consult a personal injury lawyer as soon as possible to avoid missing the deadline and losing your right to file a lawsuit.
Contact Mayfield Law, LLC for a Free Consultation
You deserve to be compensated for all damages caused by another party’s wrongful acts or negligence. Our attorneys at Mayfield Law, LLC, are skilled and knowledgeable in complex civil litigation, including cases seeking punitive damages.
Contact our office at 912-733-4651 for a free consultation with a Nahunta personal injury attorney. We will explain the damages in your case and discuss how we can help you recover a fair amount.
