Posted on Thursday, October 10th, 2024 at 9:00 am
When you file a personal injury claim in Georgia, your “damages” are the compensation you receive for your injuries. This money falls into two categories: compensatory damages and punitive damages. The key difference between these two types of compensation is their purpose. Compensatory damages are meant to make you “whole” and cover your injuries, while punitive damages aren’t tied to your losses. Instead, punitive damages aim to penalize defendants in cases where they act with extreme negligence or intentionally harm someone. Let’s dive deeper into compensatory vs punitive damages in this post.
The Georgia personal injury lawyers at Jonathan R. Brockman, P.C. can help you maximize your compensatory and punitive damages. We’re here to make your life easier after an accident and fight on your behalf for full compensation. Below, you’ll find everything you need to know about compensatory vs. punitive damages in Georgia.
Compensatory Damages in Georgia Personal Injury Claims
An accident or severe injury affects your life in many ways. You may experience a financial hit due to expensive medical expenses, lost wages, and repairing or replacing your property. Your injuries might also lead to a permanent disability that limits your ability to work or participate in some activities. Finally, the pain and suffering you experience from your injuries can severely hamper your quality of life.
The common trait among all these effects is that they stem directly from the accident and your injuries. Compensatory damages from a personal injury claim can help you cover these losses and speed up your recovery. To maximize your compensatory damages, you must provide evidence of the accident’s physical, financial, and emotional effects. For example, your medical records can demonstrate the severity of your injuries and how they limit your physical abilities. Similarly, receipts and medical bills can illustrate the accident’s financial impact. Lastly, testimony from people close to you or records from a mental health counselor can demonstrate the emotional harm you’ve suffered.
Punitive Damages in Georgia Personal Injury Claims
Unlike compensatory damages, punitive damages are not linked to your losses from an accident. Instead, they are a financial penalty a court can impose to punish someone for reckless behavior or intentionally injuring someone. Punitive damages awards are rare in Georgia personal injury claims, so you’ll likely need a lawyer’s help to win them.
Who Gets Punitive Damages in Georgia?
State law defines the requirements for a plaintiff (the person who files a lawsuit) to recover punitive damages in Georgia. First, the plaintiff must include a request for punitive damages when they file a personal injury lawsuit. Second, the plaintiff must take their case to trial and win, as punitive damages are unavailable in insurance settlements. Third, the plaintiff must provide “clear and convincing evidence” that the defendant’s actions demonstrate one of the following aggravating factors:
- Willful misconduct
- Malice
- Fraud
- Wantonness
- Oppression
- Reckless indifference to the rights or safety of others
It’s worth noting that “clear and convincing” evidence is a higher standard of proof than in most personal injury cases. In most civil cases, the plaintiff only must prove it’s more likely than not that the defendant caused their injuries. (This is the “preponderance of the evidence” standard.) Clear and convincing evidence, on the other hand, means it’s highly likely the defendant committed the actions in question.
If a plaintiff meets all these requirements, the “trier of fact” (the judge or jury) must determine the damages amount. This phase is essentially a second trial. Once the judge or jury reviews the evidence and decides, they’ll award the plaintiff punitive damages.
Is There a Cap on Punitive Damages in Georgia?
Georgia law specifies that a plaintiff can receive up to $250,000 in punitive damages in most cases. However, there are some exceptions to this rule.
The first exception involves product liability claims. In these cases, there’s no cap on the amount of punitive damages a court can award. That said, 75 percent of the punitive damages award (minus attorney fees) goes to the state, limiting the plaintiff’s compensation.
The other exception to the punitive damages cap is cases where a defendant was intoxicated when they injured someone. In these instances, there’s no limit on the plaintiff’s compensation, and none of the punitive damages award goes to the state. An example of this type of case is a drunk driver who severely injures or kills someone in an accident.
Contact Our Georgia Personal Injury Lawyers
You’ll need a skilled and determined legal team to recover compensatory and punitive damages after an accident in Georgia. The attorneys at Jonathan R. Brockman, P.C. have the experience and know-how to help you make a persuasive case. We’ll guide you through the legal process and handle all the required procedures in these cases. Call 770-205-8887 today or complete our contact form for a free consultation from our experienced Georgia personal injury attorneys. Our law firm has the legal capacity and proven record of success to handle your case.
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