When you file a lawsuit, you’re probably looking to get some sort of financial compensation based on your injuries. Indeed, many plaintiffs file cases because they simply cannot deal with the financial burden thrust upon them by the defendant’s conduct. But what happens when the defendant is more than just negligent? What if they had done something so egregious that simply putting you back where you were financially before you got hurt is not enough to see justice done? In those instances, you can seek punitive damages in your personal injury claim.
In Georgia, you can sue for punitive damages if you can prove the criteria needed to be awarded them. To get punitive damages, you must prove that the defendant did something that rises beyond negligence. In some cases, it will make sense to sue for punitive damages, while in others, the defendant’s conduct simply does not meet the threshold required.
To see if seeking punitive damages is right for your claim and to get legal help from our considerate Athens, GA personal injury lawyers, contact Rice, Murtha & Psoras’s office at (470) 287-3070.
What are Punitive Damages?
Most people are at least a little bit familiar with the concept of damages. Everyone’s heard phrases like “I’ll sue the pants off them” or “sue them for all their worth.” Sayings like this exist because defendants who have wronged plaintiffs are required to pay them financial compensation as a result of their bad conduct. The whole idea behind most damages is to “make the plaintiff whole” again, meaning to get them back to a similar spot to where they were before they got injured.
However, sometimes, defendants do things that are very bad. So bad, in fact, that plaintiffs can now ask for more damages than just those that will get them back to square one. These damages are called punitive damages because they punish defendants for egregious conduct. Punitive damages are “special” in that our Georgia personal injury attorneys will have to prove a little more than just negligence in your claim.
How Do Punitive Damages Work in Georgia?
The statute governing punitive damages in Georgia is O.G.C.A. § 51-12-5.1. As previously stated, punitive damages are different from compensatory damages, so there are different rules governing how they work.
Pursuant to § 51-12-5.1(b), In order to get punitive damages, you must show, through “clear and convincing” evidence, that the defendant’s conduct rises to the level of malice, willful misconduct, wantonness, fraud, oppression, or “entire want of care” when they caused your injuries. These acts rise above simply proving negligence. For example, you could probably prove that a defendant in a car accident claim was negligent if they did not see the speed limit sign and were driving faster than they should have been when they hit you. However, that would probably not rise to a level sufficient to justify punitive damages. However, suppose that the driver saw the speed limit sign and then decided to see if he could double that limit just before they hit you. In that case, the driver’s actions would likely rise above mere negligence to something like “entire want of care,” and you could seek punitive damages.
Are there Caps for Punitive Damages in Georgia?
Many states place caps on certain types of damages in lawsuits. Depending on the circumstances, there may be a cap on the punitive damages you can get in a Georgia personal injury claim. Under § 51-12-5.1(e)(1), there is no limit on the punitive damages you can receive for cases involving product liability. However, per § 51-12-5.5(e)(2), 75% of those damages go to the state treasury.
In personal injury cases where the defendant set out to intentionally do harm, there is also no cap on punitive damages pursuant to § 51-12-5.5(f), and the section is silent as to whether the state takes a cut of the punitive damages plaintiffs are awarded.
However, in cases that do not fall under the previously discussed sections, there is a cap of $250,000 that plaintiffs can receive in punitive damages pursuant to § 51-12-5.5(h). This would include cases that are not based on product liability and do not involve a defendant intentionally setting out to do harm.
Examples of Things That May Warrant Punitive Damages in Georgia
Determining whether seeking punitive damages makes sense in your personal injury case can be tricky. Fortunately, our lawyers have put together some examples that may give you a better sense of the types of situations that warrant punitive damages. Of course, the only way to figure out whether seeking punitive damages is correct in your case is to discuss it with our attorneys.
Car Accident Punitive Damages
A common reason for punitive damages in car accident claims is angry drivers. For example, if another driver feels that you slighted them and gets “road rage,” subsequently chasing down your vehicle and ramming into you, that would rise above negligence and warrant an award of punitive damages.
Truck Accident Punitive Damages
Punitive damages do not just arise out of the actions of drivers. For example, suppose a trucking company tells a trucker to make a very long trip and drive for a dangerous amount of time lest they be fired. If that trucker then gets in a crash and hurts someone, the trucking company that pressured that dangerous behavior may be on the hook for punitive damages.
Product Liability Punitive Damages
Defective products can be designed with extreme carelessness and potential malice. For example, suppose a company puts a product out to market with a known, well-researched, dangerous flaw that would cost a little to fix. If that product then hurts someone, the designer may be liable for punitive damages.
Contact Our Georgia Personal Injury Attorneys Today
Start getting help with your claim from Rice, Murtha & Psoras’s Atlanta, GA personal injury attorneys by calling (470) 287-3070.