Can You Get Punitive Damages for Negligence in Personal Injury?

Many people have asked us whether you can get punitive damages for negligence in personal injury cases. The answer is yes, sometimes. Punitive damages are rarely awarded in these cases because most personal injury cases hinge on negligence. Courts do not assess punitive damages for negligence, but for egregious conduct, the state wishes to strongly discourage by making an example of the defendant.

In some circumstances, negligence can be so extreme as to justify punitive damages. These cases involve not just simple negligence but willful misconduct, malice, or conscious indifference to the likely consequences of the defendant’s actions.

If a defendant’s actions, marked by reckless and careless behavior to the extent of willful misconduct or conscious indifference, injured you, you might be eligible to claim punitive damages.

What Are Punitive Damages?

Most personal injury cases seek only compensatory damages. These damages aim to compensate the plaintiff fully for any losses they incurred due to their injuries. Compensatory damages can include:

• Medical expenses
• Lost wages and income
• Pain and suffering

Punitive damages represent a financial penalty that the court orders the defendant to pay the plaintiff. The purpose of this penalty is to punish the defendant for their behavior and to deter similar future actions. In Georgia, the law refers to punitive damages as synonymous with exemplary or vindictive damages, awarded in situations with aggravating circumstances. The purpose of punitive damages is to create a significant consequence for unacceptable actions.

For example, the Mercer Law Review described the case of Reid v. Morris, in which the Georgia Supreme Court found a passenger liable for punitive damages in a drunk driving accident because he had invited a friend to drive his vehicle despite knowing his friend was drunk. His decision to let his drunk friend drive displayed a conscious indifference to consequences that made him liable for punitive damages. In addition, because he was drunk, these damages were uncapped under Georgia law.

If you want to request punitive damages, your lawyer must specify that when filing your lawsuit. The standard of proof is higher for punitive damages than for compensatory damages. The courts require a “preponderance of the evidence” for compensatory damages, which means that your claim is more likely than not based on the evidence. The standard of proof required for a jury to award punitive damages is “clear and convincing evidence.” Clear and convincing evidence means the evidence produces a firm belief in the truth of a claim. To receive punitive damages, you must convince the court your allegations are correct.

Punitive Damages for Negligence

Can you get punitive damages for negligence? Yes, but under Georgia law, you can only receive punitive damages for negligence in cases where the defendant’s actions demonstrate:

• Willful misconduct
• Malice
• Fraud
• Wantonness
• Oppression
• Conscious indifference to the consequences of those actions

There is no cap on punitive damages in cases of:

• Product liability
• Intentional malice
• An accident caused by drug or alcohol use

In all other instances, the cap amount on punitive damages is $250,000. If the court awards punitive damages in a product liability case, the state treasury will receive 75% of those damages, minus attorney’s fees.

When Are Punitive Damages Awarded?

Courts only award punitive damages when they seek to punish the defendant for their outrageous behavior or deter such conduct in the future. The purpose of punitive damages is to punish the defendant, not to reward the plaintiff.

Cases in which a court may award punitive damages include:

• Drunk driving cases
• Cases involving the use of illegal drugs
• Product liability cases in which the company withheld testing results showing the product was unsafe

These are all cases involving negligence. Courts can also award punitive damages in cases that aren’t based on negligence, such as felony assault or kidnapping cases.

Contact a Georgia Personal Injury Law Firm Today

If you were injured by someone else in Georgia, you should contact a Georgia personal injury lawyer as soon as possible. Your lawyer will conduct an investigation into the accident that harmed you and take every step needed to pursue compensatory damages for your injuries. In cases of willful misconduct or malice, your attorney may also pursue punitive damages.

Jonathan R. Brockman, P.C. is a personal injury law firm in Atlanta, Georgia, that fights for the rights of accident victims. Suppose you were hurt in an accident due to someone else’s negligence. In that case, our attorneys will fight tirelessly for you to secure the full compensation you deserve for your injuries, including punitive damages if possible. For assertive and experienced legal representation, contact Jonathan R. Brockman, P.C. through our online form or call (770) 205-8827 immediately. Ask us anything related to your case.

Related Posts:

Understanding Comparative Fault in Georgia

The Role of Punitive Damages in Drunk Driving Accident Lawsuits