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Every personal injury case is about monetary damages. When a plaintiff is hurt because of another’s negligence, they ask the court for money. The money helps them pay for medical bills, lost wages, and pain and suffering.
These types of compensatory damages are called economic damages and non-economic damages. A plaintiff is entitled to these damages as a matter of right. However, there’s a third category of damages called punitive damages.
Plaintiffs are not always entitled to recover punitive damages, but they can in certain cases. Punitive damage awards can be significant and life-changing for a plaintiff.
The purpose of punitive damages is to punish a defendant for bad behavior. This is different from the purpose of economic and non-economic damages, which compensate a victim for their losses.
On the other hand, punitive damages make an example out of the defendant. Large punitive awards deter the defendant, and others, from making the same bad decisions in the future.
Under Georgia law, punitive damages are allowed if there is some aggravating circumstance in the case. There is an aggravating circumstance if the defendant’s actions showed:
The bar is extremely high for punitive damages. The defendant’s actions must go beyond mere negligence to warrant a punitive damages award. The types of situations that tend to give rise to punitive damages are not basic accidents. Examples may include:
These are just examples of common types of cases where the court may consider the defendant’s behavior egregious or aggravating. Punitive damages can be awarded in any type of personal case.
An Augusta personal injury lawyer can help you plead for punitive damages and meet the rigorous proof requirements.
When a plaintiff requests punitive damages, the burden of proof is raised to a higher level. The plaintiff must show that they are entitled to punitive damages by clear and convincing evidence. This means that it is highly likely to be true.
To meet this burden, the plaintiff must provide sufficient evidence. Evidence may include:
Depending on the type of accident and how the accident happened, the police may collect evidence that the plaintiff can use. However, an Augusta personal injury attorney can also investigate and collect evidence for their client. Strong evidence is crucial to meeting the burden of proof for punitive damages.
A lawyer will also help their client meet the procedural requirements to plead for punitive damages. There is a specific timeline and certain steps that the lawyer needs to take. This can be confusing to someone without a lawyer.
The process includes specifically claiming punitive damages in the initial complaint. If a plaintiff doesn’t request punitive damages initially, then they waive their right to ask for punitive damages.
If the judge determines that punitive damages are appropriate after hearing the evidence at trial, there will be a second hearing to determine the amount of punitive damages. At the second hearing, the plaintiff will give evidence of the amount necessary to punish and deter the defendant.
Some states do not limit the amount of punitive damages that you can request in a personal injury case. However, Georgia is a little bit different. There is a limit in some cases and no limit in others.
In most cases, the limit is $250,000. This is $250,000 in addition to compensatory damages.
There is no punitive damages limit in product liability cases. That’s because the plaintiff is usually suing a company in a product liability case. The company probably has more resources than an individual, and it will take more money to deter a company from acting up in the future.
In a product liability case, the state receives 75% of the punitive damages award, and the plaintiff receives 25%.
In cases where the defendant has a specific intent to cause harm (such as an assault case) or where the defendant was under the influence of drugs or alcohol, there is no limit on punitive damages.
This code section aims to deter people from becoming irresponsibly intoxicated and hurting others. It also recognizes that people who intentionally harm others should be punished more than people who cause an accident.
Pleading punitive damages can significantly increase the amount of money that you win in a personal injury case. It can also help a plaintiff hold a defendant accountable for their actions and protect others from getting hurt in the future.
If you think that you are entitled to claim punitive damages, contact an Augusta personal injury lawyer at Nicholson Revell Personal Injury Attorneys for advice today at (706) 722-8784.