In the state of Georgia in motor vehicle injury cases there are two types of punitive damage cases: injuries from a driver under the influence and everything else (i.e. reckless driving). When it comes to punitive damages, they are meant to punish the defendant and to hopefully deter them from doing the same thing again.
For people who are injured in an accident where a driver is guilty of driving under the influence of drugs or alcohol, the courts in Georgia authorize the jury to award UNCAPPED punitive damages. O.C.G.A. § 51-12-5.1(f). What does that mean? Well, if you are injured by a drunk driver the jury is authorized to award as large a sum as they conclude fits the evidence. In general, there is no legal limit.
As for all other types of punitive damage claims (i.e. reckless driving; conscious disregard for the consequences), Georgia places a limit of $250,000. O.C.G.A. § 51-12-5.1(g). In either punitive damage case, this jury award is in addition to the amount of money the victim is awarded for physical and emotional pain and suffering, medical expenses, lost wages, etc.
At our Atlanta, Georgia law firm we are always careful to look into whether a punitive claim can be asserted. This can also place additional pressure on an insurance company to settle the case.
Personal Injury Punitive Damages in Georgia: What are the Limits?
May 31, 2012
