Most people understand that a car accident victim can ask for compensation for medical bills, lost wages and pain and suffering. These are compensatory damages available in almost any accident case.
However, in rare cases, you may also ask for punitive damages. Georgia law allows this in limited situations, and the standards are strict.
What are punitive damages?
Punitive damages are available as a way to punish the wrongdoer while providing additional compensation to the injured person. The court only awards them when the driver who caused the crash acted with extreme misconduct. This means the behavior must go beyond simple negligence. Georgia law uses terms like “willful misconduct,” “malice” or “wantonness” to describe this level of wrongdoing.
One common example involves drunk driving. A person who gets behind the wheel while intoxicated puts others at serious risk. If a drunk driver causes a crash, the injured person may sue for punitive damages. In many cases, Georgia courts find that drunk driving shows a reckless disregard for others.
How can you get punitive damages?
To receive punitive damages, you must show clear and convincing evidence. This means the court must believe it is highly likely that the at-fault driver acted with extreme recklessness.
Not every car accident qualifies for punitive damages. Simple mistakes or careless driving do not meet the standard. The behavior must “shock the conscience” or show a total disregard for the safety of others.
Punitive damages in Georgia exist to help stop similar actions in the future. If the other driver acted with clear and extreme misconduct, you may have the right to pursue them. The facts of the crash and the driver’s behavior will play a key role in whether the court awards these extra damages.