If you or a loved one have been injured due to someone else’s negligent actions in Georgia, you may be able to recover compensation for your injuries through an insurance claim or personal injury lawsuit. In most cases, the money you can recover through an insurance claim or lawsuit is limited to losses you have suffered, known as compensatory damages. However, in some circumstances, you may be able to recover additional compensation known as punitive damages.
What Are the Differences Between Compensatory and Punitive Damages in Georgia? Determining compensatory damages in personal injury cases is fairly straightforward, provided you have the right evidence to back up your claim. On the other hand, punitive damages are usually awarded only when the at-fault party acted in an especially negligent manner.
The Douglasville personal injury lawyers at Sherrod & Bernard, P.C., can answer your questions about compensatory vs. punitive damages in Georgia. Our attorneys have more than 80 years of combined experience and have helped our clients recover millions in compensation.
We’re happy to explain the difference between compensatory and punitive damages as well as help with any other aspect of your personal injury case. Contact our office to speak directly with one of our knowledgeable attorneys.
What Are Compensatory Damages in a Georgia Personal Injury Claim?
When you file a personal injury claim, the goal is to recover compensation that will pay for the losses you’ve experienced from the accident. To make this happen, you can seek compensation for the direct losses you’ve suffered due to your injuries. This money is referred to in the legal field as compensatory damages.
If your claim is successful, compensatory damages can include money for things like:
- Your medical bills – Depending on the severity of your injuries, you may need to spend several days or weeks in a hospital, perhaps even longer. You may also need to attend follow-up visits with various doctors and rehabilitation specialists as your treatment progresses. These expenses can quickly add up, but a personal injury claim can allow you to recover compensation for those costs.
- Your lost wages – Many severe injuries and their treatments make a person unable to work, which can put a significant strain on your household finances. Not being able to work when you’ve incurred substantial medical expenses only exacerbates the financial stress a severe injury can cause. However, you can be compensated for the value of your lost wages through a personal injury claim.
- Your reduced earning potential – Depending on the severity of the accident, you may have sustained long-term or permanent injuries that limit your ability to work. If you can’t find suitable work after sustaining a major injury, you can quickly find yourself in serious financial trouble. By filing a personal injury claim, you can receive compensation for the future income you have lost because of an accident.
- Your pain and suffering – Injuries from an accident can be excruciating. In many cases, the pain from these injuries will eventually subside. However, sometimes your injuries may cause permanent pain and discomfort. While it can be challenging to put a specific dollar value on the pain resulting from an accident, a personal injury claim can allow you to seek compensation for the suffering you’ve endured.
- Your emotional distress – In addition to the physical pain and suffering that often come with a major accident, many personal injury victims suffer emotional or psychological distress as well. That includes increased anxiety, depression, suicidal thoughts, increased anger or irritability, flashbacks, nightmares, insomnia, and post-traumatic stress disorder (PTSD). Any of these conditions can have a profound negative effect on your life, and you could be compensated for this psychological pain through a personal injury claim.
- Your damaged personal property – The losses you sustain in an accident aren’t always limited to the personal injuries you suffer. For example, in a car crash, your vehicle may need extensive repairs or even be damaged beyond repair. Through a personal injury claim, you can be compensated for the value of any property that was damaged or destroyed in an accident.
What Are Punitive Damages in a Georgia Personal Injury Claim?
While compensatory damages in a personal injury claim are designed to repay a victim for tangible and intangible losses sustained in an accident, punitive damages work differently.
Punitive damages aim to punish the offender and discourage other parties from engaging in similarly negligent behavior. The theory is that imposing an additional financial penalty on an at-fault party serves as a deterrent to prevent repeated acts of gross negligence or extreme recklessness on the part of the defendant and others.
What Are the Differences Between Compensatory and Punitive Damages?
Determining compensatory damages in personal injury cases is fairly straightforward, provided you have the right evidence to back up your claim. On the other hand, punitive damages are usually awarded only when the at-fault party acted in an especially negligent manner.
To recover punitive damages in a personal injury claim, one or more of the following elements must generally be present:
Extreme recklessness, such as impaired driving- Malicious intent
- Particularly egregious or careless acts
- Severe or criminal negligence
- Acts of violence
- Intent to injure or kill
What Are Some Examples of When These Damages Could Be Awarded?
While every personal injury case is different, here are a few cases where you could be more likely to recover punitive damages as part of your claim:
- Drunk driving
- Medical malpractice (if a doctor or other healthcare provider was exceptionally negligent)
- Class-action cases in which the same party injured many people
- Cases where the defendant had malicious intent
- Physical assaults
A personal injury attorney can tell you more about whether or not you may qualify for punitive damages through a personal injury claim.
If you are considering filing a personal injury lawsuit, please be aware, the state of Georgia imposes a Statute of Limitations on personal injury claim lawsuits. In essence, the statute sets a time limit during which you may file your lawsuit. That time limit is two years from the date of the accident. If you have not filed your lawsuit before that time limit has expired, you will no longer be able to file.
Get Help from an Experienced Personal Injury Lawyer in Georgia Now
If you or a loved one have questions about what compensation may be recovered through a personal injury claim, the Georgia lawyers at Sherrod & Bernard, P.C., are happy to discuss your questions and your case. Contact us today for a free initial consultation.
