Does Georgia Allow Punitive Damages in Car Accident Cases?
Georgia does not allow injured claimants to demand punitive damages after car crashes in Georgia law limits when injured victims can pursue punitive damages after a car accident. While punitive awards are not available in standard negligence cases, they may be granted when a driver’s actions involve extreme recklessness or intentional misconduct—such as DUI, street racing, or road rage. These cases aim to punish the offender and deter similar future behavior.
At Essa, Janho & Associates, LLC, our Marietta car accident lawyers help clients understand whether punitive damages apply to their case and explore every avenue for full financial recovery. Our legal team works tirelessly to maximize compensation for your injuries, even when punitive damages are unavailable.
Permissible Motor Vehicle Collision Damages in Georgia
Personal injury law, which applies in most car crash cases, traditionally involves negligence claims. Negligence means the liable driver had no intent to cause you harm but made a careless mistake. Speeding, texting, and failing to check blind spots are examples of driver negligence. In such cases, the law requires the driver to make the victim financially whole by paying compensatory damages. These damages fall into two main categories:
Economic Damages
Economic damages are the victim’s directly calculable financial losses resulting from the car crash. They most commonly include the following:
- Medical bills
- Diminished Wages
- Loss of Consortium for Spouse
- Future Medical Care and Expenses
- Property (vehicle) damage
- Anticipated future medical needs
- Lost wages and earning capacity
- Missed promotions and lost workplace benefits
- Household help and medical equipment
Experienced car accident attorneys in Marietta work with medical, occupational, and vocational expert witnesses to calculate the current and anticipated value of these damages. There is no limit on economic damage claims in Georgia.
Non-Economic Damages
Also called pain and suffering damages, these refer to recoverable financial awards for ‘incalculable’ losses related to the crash. Examples include emotional suffering, physical pain, inconvenience, lost enjoyment of life, frustration, and lost spousal companionship. These are typically calculated and settled as a multiple of your economic damage claims.
Obtaining Punitive Damages in Marietta Reckless and Criminal Car Crash Cases
Punitive damages are not available in negligence cases. Still, you may claim them under O.C.G.A. § 51-12-5.1 if the accident involved intentional harm, drugs or alcohol, or other conduct showing a reckless disregard for human life. These damages are awarded solely to punish the defendant and not to compensate the plaintiff.
Because vindictive damages are only recoverable from the defendant and not his or her insurance company, even claimants entitled to punitive awards may struggle to recover them from defendants without resources. Further, they are generally capped at $250,000 per case with exceptions for intentional conduct, such as driving a vehicle into a protester, and drunk driving. Claimants often obtain more significant damages by working with a Georgia personal injury lawyer to maximize compensatory damages and insurance claims.
Marietta Serious Car Accident Injury Attorneys
Suppose a driver intentionally struck you or caused an accident while driving drunk, drugged, or recklessly. In that case, our experienced Marietta car crash lawyers from Essa, Janho & Associates, LLC can help you obtain punitive damages. We will take your case to trial if necessary to bring these reckless offenders to justice.
Call us today at 770-955-8322 for English or 770-771-3568 for Spanish, or contact us online to schedule a free consultation.