Most personal injury claims in Georgia focus on compensating victims for their actual losses—like medical bills, lost wages, and emotional suffering. These are called compensatory damages. But in rare and extreme cases, courts may award punitive damages—not to compensate the victim, but to punish the wrongdoer and discourage future misconduct.

Punitive damages can dramatically increase the total value of your case, but they come with stricter legal standards. Here’s what you need to know about how punitive damages work in Georgia personal injury claims.

When Are Punitive Damages Awarded in Georgia?

Under Georgia law, punitive damages are only available in cases involving aggravating circumstances that warrant punishment. These include:

• Willful misconduct

• Malice

• Fraud

• Wantonness

• Oppression

• Entire want of care

This goes far beyond standard negligence. To qualify for punitive damages, a defendant’s actions must reflect intentional harm or reckless disregard for the safety of others.

Burden of Proof: Clear and Convincing Evidence

To win punitive damages, you must meet a higher burden of proof than for ordinary personal injury claims.

• Ordinary Negligence: Requires a “preponderance of the evidence” (more likely than not—just over 50%).

• Punitive Damages: Requires “clear and convincing evidence”—a high probability that the defendant’s conduct meets the threshold for punishment.

This standard is not as strict as “beyond a reasonable doubt” (used in criminal cases), but it’s significantly higher than typical civil claims.

Examples of Cases Where Punitive Damages May Apply

While most personal injury cases don’t qualify for punitive damages, they may apply in certain situations, such as:

• Drunk Driving Accidents: Driving under the influence is often enough to meet the “wanton conduct” threshold.

• Dangerous Products: A company knowingly sells a defective product that causes harm.

• Negligent Dog Owners: A dog owner lets a previously aggressive dog roam freely, resulting in a repeat attack.

Each case is fact-specific, but the key is proving that the defendant knew of the risks and acted with disregard.

How Much Can You Recover in Punitive Damages?

Georgia generally caps punitive damages at $250,000, but several exceptions can lift that limit:

1. Product Liability Cases

• No cap on punitive damages

• 75% of the award goes to the State of Georgia, and the plaintiff receives 25%

2. Defendant Was Under the Influence

• No cap if the defendant was intoxicated by alcohol, drugs (excluding lawfully prescribed medication), or other substances

• Most common in DUI-related personal injury cases

3. Specific Intent to Harm

• No cap if the defendant acted with explicit intent to harm the plaintiff

• Applies to situations involving assault, abuse, or malicious acts

Why Punitive Damages Matter

Punitive damages don’t just punish wrongdoers—they send a message to deter similar behavior by others. They also:

• Increase leverage in settlement negotiations

• Expand the potential value of your claim significantly

• Demonstrate the seriousness of a defendant’s conduct in public records

Schedule a Free Consultation With a Georgia Personal Injury Attorney

Punitive damages are difficult to win without the right legal strategy. At Kunnatha Lawson LLC, we investigate your case thoroughly to determine all available damages, including punitive ones.

Call us today at (678) 446-3655 to schedule your free consultation. Our experienced Georgia personal injury lawyers are ready to fight for the full compensation you deserve.