When can I get punitive damages in a Georgia injury case?
Punitive damages are available in Georgia when the at-fault party acted with willful misconduct, malice, fraud, wantonness, or conscious indifference — most commonly drunk driving and street racing.
Under O.C.G.A. § 51-12-5.1, punitive damages punish and deter. They are capped at $250,000 in most cases, but the cap is removed for DUI and product liability. You must plead them specifically and prove them by clear and convincing evidence. In DUI crashes, punitive exposure often forces insurers to tender policy limits quickly.
Talk to a Georgia injury lawyer
Free consultation. No fee unless we win.
Related Questions
General legal information, not legal advice. Prior results do not guarantee similar outcomes.