Helping The Hurt Attorney Blog

Capping Punitive Damages and Georgia State Law

Punitive Damages are occasionally awarded in injury cases and are meant to punish the defendant. Here's how they work. 

What are Punitive Damages? 

When cases proceed to trial, punitive damages are awarded in very few injury trials. Under Georgia law, punitive damages many only be awarded when the defendant’s behavior was especially reprehensible and deserving of punishment.

Meaning, there must be clear and convincing evidence that the at fault person or companies conduct demonstrates willful misconduct, malice, fraud, wantonness, oppression or an entire want of care that raises a presumption conscious indifference to the consequences. O.C.G.A 51-12-5.1.  

Damages that are typically awarded in personal injury cases 

 When a person is harmed or injured due to someone else’s actions, damages are generally awarded to compensate the injured person. There are various compensations for an injury, including:

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