Understanding Punitive Damages in Georgia Wrongful Death Cases
Losing a loved one due to someone else’s negligence is devastating, and families often seek justice through a wrongful death lawsuit. In Georgia, compensation in wrongful death cases typically covers economic and non-economic damages, such as medical expenses, lost wages, and emotional suffering. However, in certain cases involving gross negligence, reckless conduct, or intentional harm, families may also seek punitive damages. Unlike compensatory damages, which aim to make the family whole, punitive damages serve to punish the wrongdoer and deter similar misconduct in the future. Our Atlanta Wrongful Death Attorneys at The Spizman Firm are here to help.
What Are Punitive Damages?
Punitive damages are awarded in cases where the defendant’s actions were particularly egregious, malicious, or reckless. These damages are not meant to compensate the victim’s family but rather to penalize the responsible party for extreme wrongdoing.
Examples of conduct that might justify punitive damages in a wrongful death case include:
- Drunk driving accidents that result in fatalities.
- Medical malpractice involving intentional misconduct or a disregard for patient safety.
- Product defects where a manufacturer knowingly sold dangerous products.
- Criminal acts such as assault, battery, or homicide leading to wrongful death.
Are Punitive Damages Available in Georgia Wrongful Death Cases?
Under Georgia law (O.C.G.A. § 51-12-5.1), punitive damages are generally not available in wrongful death claims themselves. Instead, they may be awarded through a separate estate claim filed on behalf of the deceased’s estate. This estate claim allows for additional recovery beyond the standard wrongful death damages.
How Are Punitive Damages Awarded?
To receive punitive damages in a wrongful death case, the plaintiff (the deceased’s estate) must prove by clear and convincing evidence that the defendant’s conduct was:
- Willful misconduct or intentional harm – If the responsible party acted deliberately to cause harm.
- Gross negligence or recklessness – If their actions showed a complete disregard for human life or safety.
- Fraud or malice – If the defendant engaged in fraudulent behavior that contributed to the death.
Limits on Punitive Damages in Georgia
While Georgia generally caps punitive damages at $250,000, this limit does not apply in cases involving:
- Intentional harm
- Drunk driving or drug-impaired driving
- Product liability claims
This means that in particularly egregious cases, punitive damages can be significantly higher than the usual cap.
Why Pursue Punitive Damages?
Seeking punitive damages not only holds the at-fault party accountable, but it also:
- Sends a strong message that reckless behavior will not be tolerated.
- Prevents similar future misconduct by deterring negligent or reckless actions.
- Provides additional financial relief for surviving family members.
Contact The Spizman Firm for Experienced Legal Representation
If your loved one’s wrongful death resulted from reckless or intentional misconduct, you may be eligible for punitive damages. At The Spizman Firm, our attorneys fight for justice and maximum compensation for grieving families. We proudly serve clients in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a free consultation to discuss your case.
