You’ve probably heard your attorney discuss damages as a personal injury plaintiff. Damages refer to material and non-material losses. Depending on your circumstances, your attorney may have decided to make an example of the defendant and seek punitive damages.
The basic difference between compensatory vs. punitive damages is that compensatory damages are intended to reimburse your losses and punitive damages are punishing. Still, there’s a little more to it than that.
Our Tucker personal injury lawyer breaks down everything you need to know about personal injury claim damages in Georgia.
What are compensatory damages?
Compensatory damages pay for a personal injury victim’s material and non-material losses following an accident. Georgia personal injury law separates these into two categories:
- Economic damages: Out-of-pocket losses including medical bills, lost wages, loss of earning potential, property damage, medical devices, and prescription medications.
- Non-economic damages: Non-material losses, including pain and suffering, emotional trauma, scarring and disability, and diminished quality of life.
Non-economic damages are valued based on the total of your economic damages, the severity of your injuries, and the impact of your injuries on your life.
What are punitive damages?
Rather than compensating a plaintiff, punitive (exemplary) damages are designed to punish the defendant. They set an example to others who may be tempted to get away with similar behavior.
It’s rare for punitive damages to be part of a negotiated settlement. Usually, a defendant agrees to settle the case to avoid the chance of a jury awarding punitive damages. But in egregious cases, punitive damages may still be awarded, pre-suit, from property damage coverage or other sources of insurance coverage.
When would my lawyer decide to seek punitive damages?
Some defendants are egregiously negligent, reckless, or act with no care for the safety of others. Examples of this include driving under the influence, assault, or even elder abuse. People who commit these acts can be punished financially in a civil case.
A lawyer can seek punitive damages in cases of malpractice and defective products, too. It’s hard to put a healthcare facility or consumer products manufacturer in jail. Sometimes, the harshest punishment for these careless defendants can only be monetary.
Georgia laws regarding compensatory and punitive damages
There is no cap on compensatory damages in Georgia. You must submit proof of your losses and properly quantify your non-economic losses to support the amount listed in your claim.
Punitive damages have a cap of $250,000, with a few exceptions. There’s no limit on punitive damages in cases of:
- Product liability
- Malicious intent to harm the plaintiff
- Driving under the influence of drugs or alcohol
So, there’s no limit in cases where you’re hurt by a contaminated consumer product, an assault, or a drunk driver. Your attorney will determine a fair value to set an example. A jury may award more or less if your claim goes to trial. Ultimately, the judge rules on the final amount of punitive damages.
Do you have a personal injury matter for our attorneys?
If you suffered losses due to an accident you didn’t cause, contact Fox Injury Law at (404) 777-7778 for a consultation with one of our Tucker personal injury attorneys.
We can explain the potential for compensatory and punitive damages in your claim.
