Under Georgia law, a person who has been injured in a car accident may be entitled to collect compensatory and punitive damages. Compensatory relief covers an injured party’s pain, suffering, and losses. By contrast, punitive damages are typically awarded under “aggravating circumstances” and are intended to penalize, punish, or deter a defendant. But not every personal injury case warrants an award of punitive damages. If you have been injured in a car accident, you are encouraged to seek the assistance of an experienced Atlanta injury attorney who will work to maximize your opportunity for relief.
In order to recover punitive damages, a plaintiff is required to prove by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, or oppression, among other things. It is important to understand which conduct justifies an award of punitive damages and which doesn’t. Courts are typically called upon to interpret the “proven” circumstances of a car accident case in light of the local law. In a recent Georgia case, Dagne v. Schroeder (Ga. Ct. of App. 2016), the court upheld a jury verdict and judgment awarding a plaintiff compensatory and punitive damages following a car accident involving the parties.