Georgia Punitive Damages Lawyer | Joseph P. McClelland, LLC

Georgia Punitive Damages

Punitive Damages Logo Punitive damages are money damages to punish the other party. As an accident lawyer in Atlanta, Georgia, I know this is important. Although the money would go to you or the victim, sometimes money may go to the state, the money is not to compensate you for your injuries. Those monies will be recovered in the first part of the trial. Remember, normal damages include medical bills, future medical bills, lost earnings or missed work, pain and suffering and future pain and suffering. Contact a Georgia punitive damages lawyer if punitive damages are a potential in your Atlanta personal injury case.

Are punitive damages allowed in Georgia?

Yes, punitive damages are allowed and have been declared constitutional. Special civil procedure rules must be followed, but they are allowed in Georgia. For example, these damages must be plead for specially in the complaint. Further, the trial itself is bifurcated handling liability and damages in the first part, then issues of punitive damages in the second part. It is completely possible for the jury to determine in the first part that punitive damages will not be allowed, ending the requirement for the second part of the trial. As your Georgia personal injury lawyer for Atlanta, Decatur, Marietta, Jackson, McDonough, Griffin, Monticello, Macon and all of Georgia, I can give you advice on this issue.

Are there caps or limitations on Georgia punitive damages?

No, there are no longer any caps on punitive damages in Georgia. The Georgia Supreme Court recently held that limiting punitive damages takes away a right of the jury to make that determination. The court held that this violates the rule of a fair trial by jury. Therefore, if the jury makes a determination, then there is no statutory scheme that would require that verdict to be reduced.

It already has. So in a way, yes it does. In another way of looking at it, it already has. But read the answer above. Tort reform put on a cap, but the supreme court removed it this year.

Can an Atlanta punitive damages lawyer make this happen in a car wreck?

Yes, but this is difficult. Generally for punitive damages, the other party must have done something so terrible and done it intentionally. Although negligence may allow punitive damages, the actor must have acted with such disregard for the consequences that it is almost like they could have cared less. This type of action may be seen in a DUI accident case. In this type of lawsuit, the driver knew he was putting you at risk, but didn’t really care. These actions MAY open the driver up to punitive damages. For more on McDonough Car Accidents and Jackson Car Accidents see these pages.

Can I get punitive damages in a dog bite case?

It is possible. If the dog has bit other people before, that would help your case. If the dog owner failed to warn you knowing the consequences. If the dog owner “sicked” his dog on you or didn’t stop his dog from attacking you, might open the case up to punitive damages. Contact me today at (770) 775-0938.