What Are Punitive Damages?
Georgia Law & Punitive Damages
2010 Georgia Code
TITLE 51 - TORTS
CHAPTER 12 - DAMAGES
ARTICLE 1 - GENERAL PROVISIONS
§ 51-12-5.1 - Punitive damages
Georgia Law explains punitive damages as follows:
(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.
(c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.
Why Punitive Damages Are Important
Punitive damages are intended to deter reckless and intentional harmful conduct. It is not compensation for the injured, it is a direct penalty for the wrongdoer. Punitive damages are not based on the injured party’s financial losses because they are designed to deter others from committing similar bad actions. This is why punitive damages are such a crucial part of the legal system and personal injury law.
Fighting For Punitive Damages In Court
Fighting for punitive damages is not a simple or easy task. According to Georgia law:
(d) (1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings.
This is why you need an experienced and knowledgeable personal injury attorney to take on this type of case. Contact us to learn more about how we help you assess your injury case.
