When a person suffers an injury that’s caused by the negligence of another person, they may file a personal injury claim. One part of this is seeking punitive damages, which serve a different purpose than ordinary compensation.
Compensation addresses medical bills, lost income, and the long-term effects of an injury. Punitive damages are a way to punish wrongful conduct and to deter future actions.
In Georgia, most punitive damages are capped at $250,000, which can limit how a claim is valued regardless of the severity of the injuries. There are some exceptions to that cap that are built into Georgia law. These exceptions occur when there’s likely a conscious decision that leads the person to harm someone else.
Exceptions to the punitive damages cap
One of the primary exceptions to the punitive damages cap is drunk driving crashes. If a driver is under the influence of alcohol or drugs when the wreck occurs, it may be considered a conscious disregard for the safety of others on the roadways. Because of this, the punitive damages assessed in these cases can exceed $250,000.
Punitive damages aren’t automatic, so the victim would still have to prove the facts of the case. This could be done using the blood alcohol test, field sobriety test, police report, crash scene details or a related criminal case record. Determining how to do this can be complex, which can be difficult for someone to handle if they’re trying to heal from injuries.
Even if a victim is seeking punitive damages, they will still have to prove the actual damages in their personal injury claim, including the cost of medical treatment and other expenses. They’ll also have to show that the injuries they have are the result of the crash and that the injuries led to the financial damages they’re dealing with. Because these cases can be complex, it’s often best for victims to work with someone who can help them to put their case together.