Disability Law

Can You Get Punitive Damages When You Are Hurt In A Car Accident or Semi Truck Wreck Under Georgia Law? What Are Punitive Damages Anyway?

By Jack E. Clay

I just returned from court in a case in which we are seeking punitive damages. I get asked to explain the concept of punitive damages quite a bit. I will spare you the legal technicalities and provide a very general overview. Remember, please consult with a lawyer if you have further questions specific to your case.

First, punitive damages do not apply to Georgia's workers' compensation cases. Since that issue is off the table, let's focus on cases in which folks have been hurt and are filing civil lawsuits. Punitive damages can be recoverable in a personal injury case in certain circumstances. Simply stated, punitive damages are meant to punish a wrongdoer for very bad conduct or an intentional act. Punitive damages are not meant to reward you when you are injured - - they are meant to punish the person who harmed you. I tell people up front that they are often sought yet seldom gotten. In other words, you must have some pretty bad conduct with the law on your side.

Specifically, the law in Georgia says that you must prove, by clear and convincing evidence, that the defendant's conduct showed willful misconduct, malice, fraud, wantonness, oppression, or an entire want of care which would raise the presumption of conscious indifference to consequences, O.C.G.A. 51-12-5.1 This can mean many things to people. The trial structure is also changed if you seek punitive damages. One of the better books on the subject of Georgia Damages is called Georgia Law of Damages.

The question of whether you or a loved one have a case for punitive damages can only be answered after a thorough review of the facts and the law. If you are wondering if you can possibly get them after you were injured in an auto collision or other accident, you can call my office for a free confidential consultation. Punitive damages in personal injury cases can arise if there were factors involved such as alcohol, a drunk driver or driver on drugs, intentional conduct, a hit-and-run, etc. You can learn more about me and my office by clicking HERE.

Full post as published by Georgia Law Blog on March 27, 2009 (boomark / email).