How Do Punitive Damages Work In Atlanta?

Each injury case is different, and courts assess compensation depending on the facts at hand. In most accident or personal injury scenarios, civil penalties are not assessed. This type of compensation is normally reserved for cases when the offender’s acts were grievously irresponsible or malicious. Here’s what you should know about punitive damages in Georgia.

The Basics of Punitive Damages

There are generally two types of compensation awarded in a personal injury case: compensatory damages and punitive damages. Compensatory damages are intended to reimburse injury victims for medical expenses, time away from work, future lost earning capacity, and emotional pain and suffering.

Comparatively, punitive damages are assessed solely to penalize the negligent party. Punitive damages can help reduce the likelihood of another similar occurrence, either by someone else or the negligent party themselves. How high these fees are depends largely on how severe the negligence was that led to the incident and subsequent injury.

What Supporting Evidence Will You Need?

The threshold of proof is lower in negligence claims where punitive damages aren’t an issue. To build a case for restitution, the plaintiff merely needs to show recklessness by a “preponderance of the evidence.” When it comes to civil penalties, however, the claimant must meet a far greater burden of proof. To convince a judge to award punitive damages, they must be able to demonstrate that the accused’s acts were heinous with “clear and compelling evidence.”

How Is the Amount of Damages Decided?

The most appropriate civil penalties are those that are contingent both upon the defendant’s wealth and the level of harm done to the plaintiff. If the penalty assessed is inconsequential compared to the defendant’s earnings, they’re unlikely to be deterred from the same action in the future.

Alternatively, the defendant should not be penalized more harshly than is appropriate for the amount of harm suffered by the plaintiff. Damages should be both enough to impact the defendant but not more than what is reasonable under the circumstances.

Get Help Now From an Atlanta Personal Injury Lawyer

Being injured in an accident caused by someone else’s recklessness is a life-changing experience. An Atlanta personal injury attorney can help guide you along the way. Contact Southside Injury Law today to schedule a consultation by dialing (770) 703-6008 or toll free at (800) 393-8595.

Providing service to Atlanta, Marietta, Alpharetta, Stockbridge, and surrounding suburbs of the ATL metropolitan area.