A Quick Guide to Punitive Damages
In most cases, the purpose of civil action is to compensate the injured party, with a punishment of the accused only being an afterthought. However, punitive damages are the exception to that rule, ensuring that a defendant is held accountable for actions and behaviors that are particularly damaging or malicious. Punitive damages can help a plaintiff see monetary returns greater than the amount needed for compensation alone, but what are they?
What are punitive damages?
You may have heard of punitive damages before, as they are often a part of high-profile verdicts, especially against wealthier defendants. To put it simply, punitive damages is the term used to refer to the money that the defendant has to pay to a plaintiff if they are found at fault, beyond the compensatory damages.
Compensatory damages are designed, as the name suggests, to compensate a victim for any losses they suffer as a result of injury or actions caused by the defendant. However, punitive damages are designed specifically to punish, as the name suggests. While all victims or personal injuries or damage caused by negligence are legally entitled to compensatory damages, they are not always entitled to punitive damages
When is a plaintiff entitled to punitive damages?
For the civil court to judge a defendant’s worth of having to pay punitive damages, the circumstances of an injury or incident have to include willful or malicious misconduct. This can include fraud, bad insurance faith, negligence, and other similar behaviors.
As such, punitive damages are intended for injuries and damage that goes beyond the negligence or poor judgement that could be argued as unintentional. It’s meant to reward the victims of those who perform mindful and harmful acts by others beyond what is needed for the compensation of any injury or loss they suffer.
Punitive Damages in Georgia Law
Consistent with other states, Georgia has laws to implement punitive damages as they are in common law. The common law dictating the applicability of punitive damages is complex, so the help of a personal injury and car accident attorney, such as Ross Law Firm, is recommended to help you find out when you might be entitled to punitive damages.
It’s important to be aware that different state legislatures have imposed limits on a jury's ability to award punitive damages in order to stop them from seeking overly large amounts of money. In Georgia, there is a cap of $250,000 on all punitive damages, except those awarded for defective products and international torts. Those kinds have no cap, but 75% of the damages are paid to the state, rather than the plaintiffs.
Are you entitled to punitive damages?
If you believe that willful negligence or misconduct was a factor in a recent accident or injury of yours, then you may be entitled to punitive damages beyond your compensation. Get in touch with Ross Law Firm so we can take a closer look at your case and help you find out what your rights are and what you can do to protect them. 678-502-0229
Sound legal advice is based on years of training, hard work, and passion, as well as familiarity with legislation and precedent and sound consideration. You’ll find all that and more at The Ross Law Firm.
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