Anyone who gets injured in an accident that wasn’t their fault is entitled to recover damages. Damages are usually money that’s paid to try to make things right—for example, by covering your medical bills. In some cases, however, the court will award a special kind of damages called punitive damages. This is extra money paid to the victim by the person at fault.
Punitive damages don’t get factored in as compensation for you. It’s meant primarily as a way to punish the negligent party responsible for your accident. The number of punitive damages you can receive varies from case to case. Not all cases will qualify for an award for punitive damages, so it’s essential to contact a personal injury lawyer to assess whether or not your accident can recover an award.
What Are the Qualifications for Punitive Damages?
Punitive damages are especially common for cases that involve:
- Drunk driving accidents
- Nursing home abuse cases
- Any car accident where someone broke the law or behaved egregiously
All drivers on the road have a duty of care to exercise for others. Any behavior that severely breaches that duty of care will typically qualify for punitive damages.
Difference Between Compensatory and Punitive Damages
Personal injury law allows victims to potentially recover two main types of damages: compensatory damages and punitive damages.
Compensatory Damages
Compensatory damages exist to compensate the victim for the losses they suffered. They get paid by the person responsible (or their insurance policy), but only up to the amount the victim has strictly lost from the accident. For example, if you were in a car accident and suffered $10,000 in medical expenses plus $2,000 in car repairs, you might ask for $12,000 in compensatory damages. You can also seek more in some cases when there are intangible losses you suffered, like physical pain and suffering.
Punitive Damages
Punitive damages go above and beyond paying back your actual losses. They are designed not just to help the victim but to punish a wrongdoer. The idea is that by forcing the wrongdoer to pay you extra money, the courts send a strong message that the behavior they engaged in will not be tolerated.
Punitive damages also reflect the idea that the victim of a crime or heinous act deserves justice for their injuries and losses. It’s a way to help offset the hardship the victim has suffered.
Does My Case Qualify for Punitive Damages?
In Georgia, state law says you can receive punitive damages if the person who injured you showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” That’s a lot more than just momentary carelessness.
For example, if someone hit your car because they were texting, they didn’t show malice or a lack of conscience; they just made a bad decision. But if someone hit your car because they were driving blindfolded on a dare, that’s such a lack of concern for other people that you could probably win punitive damages.
The most evident grounds for punitive damages were when the person broke the law, such as a drunk driver. However, any situation of extreme disregard for human wellbeing could count.
Have you been injured? John Foy & Associates offers a free consultation with some of the most experienced and respected personal injury lawyers in Georgia. Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.
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