Can I Pursue Punitive Damages in My Atlanta Personal Injury Case?

Under some circumstances, victims can pursue and receive punitive damages based on their Atlanta personal injury cases. However, this depends greatly on the situation and what led to their injuries.

To determine whether you might be eligible for punitive damages in your case, talk to an Atlanta personal injury lawyer who can assess your options. They provide the best resource for understanding and navigating the applicable laws and securing fair compensation.

What Does the Law Say About Pursuing Punitive Damages in an Atlanta Injury Case?

Georgia’s laws regarding punitive damage awards are found under O.C.G.A. § 51-12-5.1. These statutes allow victims hurt by especially egregious behavior to seek a punitive award in court. According to these laws, the defendant’s conduct must include:

• Willful misconduct
• Malice
• Fraud
• Wantonness
• Oppression
• Entire want of care
• Conscious indifference to consequences

Based on those criteria, it might be possible to get punitive damages in several types of Atlanta personal injury cases. This could include:

• Premises liability injuries
• Defective product cases
• Nursing home abuse
• Criminal acts
• Drunk or drugged driving accidents.

What Is the Purpose of Punitive Damages?

Unlike the damages you can recover to provide for your expenses and losses, punitive damages are not compensatory. Instead, they penalize the liable party for their bad behavior and deter others from behaving the same way in the future.

What Is the Burden of Proof for Punitive Damages?

Generally, Georgia personal injury law requires that victims provide a preponderance of the evidence to hold a liable party accountable. This means you need to show it is more likely than not that the other party’s negligence caused your injuries to recover compensatory damages.

For punitive damages, the burden of proof is higher. You must provide “clear and convincing” evidence of the defendant’s outrageously bad behavior to recover punitive damages under Georgia law.

This can be difficult or impossible to manage on your own, especially if you have serious injuries or are still undergoing treatment. Working with a lawyer familiar with these cases is your best option for securing the necessary evidence and holding the at-fault party accountable.

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Personal Injury FAQs

Are There Caps on Punitive Damages in Georgia?

Georgia law generally caps punitive damages at $250,000 under O.C.G.A. § 51-12-5.1(g). This cap means you are unlikely to receive more than this amount in punitive damages in your case. However, exceptions exist. They include:

• In product liability cases, especially dangerous drugs or defective medical devices
• When the liable party acted intentionally
• When an impaired driver was under the influence of illegal drugs or abused prescription drugs

How much of the punitive damage award you might receive in these cases is difficult to answer. There are additional statutes that address what happens when your punitive damages exceed the stated $250,000 cap, especially in product liability cases. Your accident attorney can explain how this could affect your payout based on the specific details of your case.

What Other Types of Damages Are Recoverable After an Atlanta Injury?

To receive punitive damages, your case will need to go to trial in an Atlanta-area civil court. The court will award compensatory damages based on your case in addition to considering any requested punitive damages. These compensatory damages are meant to cover your injury-related expenses and losses, plus any estimated future costs you might incur.

Your personal injury lawyer will make a list of your recoverable damages and document their value. This allows them to seek fair compensation for your present and future:

Economic Damages

Your economic damages include the financial expenses and losses you suffered and are likely to suffer in the future. This could include medical care, ongoing support costs, lost income and reduced ability to work and earn, property damage repair, and other costs. Your lawyer will collect bills and receipts and work with experts to better understand the potential value of your current and future economic damages.

Non-Economic Damages

Your non-economic damages are the intangible losses you experienced and will continue to experience because of your injuries. This could include physical pain and suffering, mental anguish, and emotional distress. They could also consider things like reduced quality of life or loss of enjoyment in life under consideration.

Wrongful Death Damages

If your loved one died from Atlanta accident injuries, an Atlanta wrongful death lawyer can help you seek compensatory and punitive damages. These cases work similarly to personal injury cases, except the proceeds go to the immediate family.

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How Can I Hold the Liable Party Accountable for My Atlanta Injuries?

Under Georgia’s negligence laws, victims whose injuries occurred because of someone else’s careless, reckless, or intentional behavior can hold the at-fault party accountable. They can pursue compensatory damages for the expenses and losses they incurred, including non-economic and future damages. Under some circumstances, punitive damages might be available.

These cases often settle without going to trial. The liable party’s insurer agrees to pay a fair settlement as negotiated by the victim’s lawyer based on their recoverable damages.

However, only the courts award punitive damages. If punitive damages might be a possibility based on the circumstances of your case, your personal injury attorney will likely recommend litigating the case. Litigation requires:

• Meeting the statute of limitations, which is generally two years under O.C.G.A § 9-3-33
• Filing paperwork to begin the personal injury lawsuit in the appropriate court
• Engaging in pretrial motions and discovery
• Developing a strong legal strategy
• Representing your best interests throughout this process
• Advocating for you at trial
• Presenting a solid case in court
• Asking for compensatory and punitive damages

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Discuss Your Atlanta Injury Case With Our Team for Free

Bader Scott Injury Lawyers will review your Atlanta injury case and determine your options during a free case consultation. We can help you pursue fair compensation and possibly seek punitive damages in your Atlanta personal injury case.

Contact us online or via telephone today.

Call or text (404) 888-8888 or complete a Free Case Evaluation form