What Are Punitive Damages?

Accidents and injuries can lead to physical, emotional, and financial losses. If this was the result of actions by another person or party, then a personal injury lawsuit may be in order. If the court sees that the actions of the responsible party were exceptionally dangerous, negligent, or egregious, then it can award the victim with punitive damages on top of the compensatory damages that may be awarded.

Punitive damages are only awarded in certain cases and are in addition to the typical damages that are sought in an injury claim. They are awarded by the court as punishment to the responsible party if their conduct is seen to be exceptionally harmful or offensive. For more information, speak with our lawyers in Georgia, who are experienced in these cases.

Basic Legal Requirements for Punitive Damages in Georgia

There are a few requirements that need to be met to qualify for punitive damages. The first one is that the one who has filed the claim proves that the other party’s actions damaged them in a way that can be measured, such as injuries.

The plaintiff must also prove that the other party’s actions had directly led to the plaintiff’s injuries or damages. In Georgia, it must be proved that the defendant’s actions were intentional or reckless to qualify for punitive damages.

The factors which affect how much the defendant may have to pay in punitive damages include:

•     the chance of the defendant’s continued wrongdoing
•     history of the defendant’s actions
•     subsequent remedial acts taken to prevent others’ future injury
•     the ratio between the amount of compensatory and punitive damages
•     the defendant’s earlier violent acts or other criminal behavior
•     the defendant’s ability to pay damages

Cases that May Merit Punitive Damages

Here are some examples of cases in which punitive damages are more often awarded:

•     Drunk driving accidents
•     Hit-and-run accidents
•     Trucking accidents
•     Assault and battery
•     Sexual assault
•     Dog bite injuries
•     Medical malpractice
•     Product liability cases

Contact a Personal Injury Attorney

It is best to keep in mind that punitive damages aren’t common—they’re reserved for the most serious cases. But if punitive damages apply to your case, rest assured that our law firm will seek them on your behalf.

For more information and guidance regarding punitive damages, contact The Nye Law Group. Our Georgia lawyers know how to handle such cases. You can call us at 912-200-5230 or fill out the form below.