Georgia law provides damages for victims when another party causes their injuries. Economic and non-economic damages compensate the victim for their losses. However, there is another type of damages available in some cases – punitive damages. Even though the injured party receives payment for punitive damages, the purpose is entirely different from that of other types of damages. Keep reading to learn more about them.
What Are Punitive Damages?
Punitive damages are monetary awards awarded by juries in civil lawsuits, including personal injury cases. They are designed to punish defendants for egregious conduct and deter them from engaging in similar conduct.
Legal Standards for Awarding Punitive Damages in Georgia
O.C.G.A. § 51-12-5.1 defines the circumstances under which courts may award punitive damages in a personal injury case. Ordinary negligence is not sufficient to obtain an award of punitive damages. Instead, jurors may only award punitive damages upon proof that the defendant’s conduct showed any of the following:
- Wantonness
- Oppression
- Willful misconduct
- Fraud
- Malice
- A total lack of care
Because punitive damages “punish” the defendant, the law requires a higher burden of proof. Compensatory damages only require a plaintiff to prove their case by a preponderance of the evidence. However, clear and convincing evidence is required to prove punitive damages.
Are There Caps on the Amount of Punitive Damages Awarded in Atlanta Personal Injury Cases?
Georgia imposes caps on most awards of punitive damages. The caps are intended to protect parties from excessively high punitive damages while allowing meaningful awards to be used by juries in cases involving intentional misconduct and egregious behavior.
In most cases, the statutory cap for punitive damages is $250,000. However, there are exceptions.
Georgia does not cap punitive damages in product liability cases. However, only one award may be recovered per act or omission, regardless of the number of claims arising from the conduct. Furthermore, 75% of a punitive damages award in product liability claims after attorneys’ fees and litigation costs is paid to the Office of the State Treasurer.
How Do Courts and Jurors Decide How Much to Award for Punitive Damages?
Jurors must consider the factors of the case when determining how much to award for punitive damages, including:
- The defendant’s financial status
- The harm the plaintiff sustained because of the defendant’s conduct
- The reprehensibility of the defendant’s conduct
- The need to deter the defendant and other parties from engaging in the same or similar conduct
- Legal precedent and court instructions
Other factors may impact an award of punitive damages.
Recent Tort Reform Changes Affecting Punitive Damages in Georgia
Georgia tied for the fifth-highest state in terms of “nuclear verdicts,” which are jury verdicts worth $10 million or more. In 2022, a Georgia jury awarded $1.7 billion in punitive damages in a product liability case. In response to “nuclear verdicts,” Georgia lawmakers have worked on recent tort reform that becomes effective in 2025.
On April 21, 2025, Georgia Governor Brian Kemp signed Senate Bill 68 and Senate Bill 69 into law. A few of the provisions of these laws that could impact punitive damages directly or indirectly include:
- Prohibiting attorneys from “anchoring” non-economic damages to unrelated objects or values
- Allowing trials to be divided into multiple phases—one for determining liability and one for damages
- Barring an attorney from arguing a victim’s non-economic damages during closing arguments if they did not make the argument in the opening statement
Given the focus on nuclear verdicts and the new tort reform, plaintiffs may find it more difficult to obtain punitive damages. Therefore, it is crucial to work with an experienced Atlanta personal injury lawyer as soon as possible in the case.
Contact Hammers Car Accident & Personal Injury Lawyers for a Free Consultation With an Atlanta Personal Injury Lawyer
If you believe your case involves more than just basic compensation — for example, someone’s reckless, malicious, or intentionally harmful behavior — punitive damages under Georgia law might apply. The difference between compensatory and punitive awards could be significant, especially considering your case may fall under exceptions like product liability or specific intent to harm.
At Hammers Car Accident & Personal Injury Lawyers, we will review your situation carefully and gather the evidence needed to show whether punitive damages are warranted under Georgia law.
Call us today at (770) 900-9000 to schedule your free, no‑obligation consultation with one of our seasoned Atlanta personal injury attorneys. We’ll explore all avenues for justice — including punitive damages — so you can get full protection and compensation for what you’ve suffered.
