Pursuing Punitive Damages in Georgia Accident Cases: Holding Reckless Parties Fully Accountable

When someone is seriously hurt in an accident, they usually think about medical bills and lost wages. However, in Georgia, there is another type of damage called punitive damages. These damages are meant to punish the person who caused the harm and stop them (and others) from doing it again.

What “Willful or Wanton Conduct” Really Means

Punitive damages are not awarded in every case. In Georgia, you have to show “willful or wanton conduct,” which means the at-fault person acted with extreme recklessness or clear disregard for others’ safety. 

Common examples include: 

• Drunk driving
• Racing on public roads
• Intentionally causing harm

Georgia law (O.C.G.A § 51-12-5.1) sets a high bar here. Evidence must be “clear and convincing.” Therefore, regular negligence, such as simple distracted driving, is not enough.

Georgia’s Cap on Punitive Damages

Most punitive damages in Georgia are capped at $250,000. However, there are big exceptions. If the defendant was under the influence of drugs or alcohol at the time of the crash, there is no cap. The same goes for cases where the defendant intentionally tried to hurt someone.

In product liability cases, the cap still exists, but 75% of the award (after legal fees) is paid to the state treasury. These rules make it important to understand what kind of case you have before moving forward with a punitive claim.

Strategy Matters When Asking for Punitive Damages

When requesting punitive damages, your lawyer has to specifically include it in the lawsuit from the beginning. Georgia courts often use a two-part trial process: First, they decide if punitive damages are allowed, then they determine how much.

From a strategy point of view, even mentioning punitive damages can pressure defendants to offer higher settlements. It puts their behavior in the spotlight and can hurt them publicly. You need strong evidence, like past misconduct or a pattern of dangerous behavior.

Let Us Help You Fight for Full Accountability

At Morris & Dean, we believe reckless drivers and dangerous parties should face real consequences. We work hard to prove when punitive damages are deserved, giving clients a stronger voice and a chance at true justice. If you want to hold someone fully accountable for what happened to you, schedule a free consultation by calling us at 706-222-3790 or contact us online.