Does Georgia Place Caps on Punitive Damages?

After a serious accident, injured people often hear about different types of compensation that may be available in a lawsuit. Most personal injury claims are for money to pay medical bills, lost wages, pain, and other losses caused by an injury. However, in some cases, Georgia law may allow an injured person to pursue punitive damages. A Georgia personal injury lawyer can discuss when these damages are available, what limits might apply, and why they are treated differently than ordinary compensation.

Punitive damages are not awarded to compensate a person for a monetary loss. They are not meant to punish ordinary negligent conduct but only that which is especially dangerous, and to discourage future conduct of the same kind. Georgia law generally limits punitive damages to $250,000 in many tort cases, but there are important exceptions.

What are punitive damages?

In a personal injury case, compensation is meant to help a person recover for losses related to an injury. This can include things such as medical bills, lost wages, physical pain, emotional distress, or long-term care requirements. Punitive damages have a different purpose.

Punitive damages are not compensatory. They are punitive in nature and designed to punish the wrongdoer. Courts tend to limit these damages to especially egregious conduct.

When are punitive damages available in Georgia?

Georgia law sets a higher standard for punitive damages than for ordinary negligence claims.

In many personal injury cases, a person only must show that another party failed to act with reasonable care. Punitive damages require more than ordinary negligence. Normally, there has to be evidence of serious wrongdoing.

Georgia law allows for the award of punitive damages where a person engages in willful misconduct, fraud, wantonness, oppression, malice, or an entire want of care, which would raise the presumption of conscious indifference to consequences.

In other words, the conduct typically must involve something more serious than an error or bad judgment. Courts look for behavior that involves more than ordinary negligence, including conscious indifference to the consequences.

Does Georgia limit punitive damages?

In many cases, yes. Georgia places limits on punitive damages in personal injury cases in general. For most tort cases, Georgia law places a cap of $250,000 on punitive damages. This means that even if a jury awards more, the amount may be limited under state law.

A Georgia personal injury lawyer may help explain whether a case falls under the general cap or one of Georgia’s exceptions.

What are the exceptions to Georgia’s punitive damage cap?

Georgia law allows important exceptions where punitive damages may exceed the normal limit. One exception involves impaired driving. When a person causes injuries while under the influence of alcohol or drugs, other than lawfully prescribed drugs, to the degree that their judgment is substantially impaired, Georgia law generally does not place the same $250,000 limit on punitive damages. Courts may allow larger awards because drunk or drug-impaired driving is viewed as especially dangerous behavior.

Product liability claims are another major exception. Punitive damages in a product liability case arising from a dangerous or defective product are generally not subject to the normal cap. These cases can involve companies failing to address safety concerns, failing to warn consumers, or putting dangerous products on the market.

Some cases involving a specific intent to cause harm may, depending on the facts, raise a separate set of issues where punitive damages are concerned. The major statutory exceptions include specific intent to cause harm, qualifying intoxication, and product liability claims.

Whether an exception applies often depends heavily on the details of the case.

What must someone prove to receive punitive damages?

Punitive damages also come with a higher burden of proof. Most personal injury claims are decided using what lawyers call a “preponderance of the evidence” standard. In simple terms, this means showing something is more likely true than not.

Punitive damages require stronger proof. Georgia law generally requires they be proven by “clear and convincing evidence.” This is a higher judicial standard that requires stronger proof that particularly dangerous or intentional conduct occurred.

In practical terms, courts want more convincing evidence before they impose damages that are meant to punish someone. The higher standard reflects the seriousness with which Georgia courts take punitive damages.

Why does Georgia treat punitive damages differently?

Punitive damages are different because they are not about making the injured person whole. They are designed, instead, to punish conduct that is deemed particularly reckless or damaging and to deter such conduct. Georgia law acknowledges that in certain circumstances, ordinary remuneration may not appear to be sufficient when an individual’s conduct demonstrates a wanton disregard for the safety of others.

For example, a business that intentionally ignored hazardous conditions or an individual who chose to drive while intoxicated might experience more severe repercussions because legislators want to prevent this type of conduct from happening again.

Meanwhile, Georgia caps punitive damages in many cases to help prevent unreasonably large or unpredictable awards. The balance explains why punitive damages are available only in certain circumstances and why the courts impose a greater burden of proof before awarding them.

If you were seriously injured and believe reckless or intentional conduct may have been involved, talking with a Georgia personal injury lawyer may help you better understand whether punitive damages may apply to your case. The lawyers at Harris Lowry Manton LLP may be able to help you understand your legal options and discuss whether money damages other than ordinary damages may be available. To schedule a consultation, give us a call or fill out our online form.