What Are Punitive Damages in Georgia?
Short answer: Punitive damages are money awarded to punish and deter especially bad conduct, not to compensate you for your losses. In Georgia, you must prove by clear and convincing evidence that the defendant acted with willful misconduct, malice, fraud, wantonness, oppression or conscious indifference to consequences. Most awards are capped at $250,000, with important exceptions.
Definition
Punitive damages are also called exemplary or vindictive damages. Compensatory damages, such as medical bills, lost wages and pain and suffering, are meant to make you whole. Under O.C.G.A. § 51-12-5.1, punitive damages are awarded solely to punish, penalize or deter the defendant.
How it works in Georgia
- High burden. Clear and convincing evidence of aggravated conduct is required (§ 51-12-5.1(b)). Ordinary negligence, even gross negligence, is not enough.
- Decided in steps. Punitive damages must be specifically requested in the complaint. The jury first decides whether to award them, then hears evidence on the amount (§ 51-12-5.1(d)).
- The cap. Most awards are limited to $250,000 (§ 51-12-5.1(g)). There is no cap if the defendant intended to cause harm or was impaired by alcohol or drugs to the point that judgment was substantially impaired (§ 51-12-5.1(f)). Product liability awards are uncapped, but 75%, less a share of litigation costs, goes to the state (§ 51-12-5.1(e)).
- Upheld. The Georgia Supreme Court rejected a constitutional challenge to the cap in Taylor v. Devereux Foundation (2023).
- 2025 change. Under SB 68, a party in a bodily injury or wrongful death case can demand a phased trial, with punitive damages taken up after fault and compensatory damages (O.C.G.A. § 51-12-15).
Example
A driver with a blood alcohol level far over the legal limit runs a red light in Decatur and seriously injures you. Because the driver’s judgment was substantially impaired by alcohol, a jury could award punitive damages against that driver without the $250,000 cap.
Why it matters for your claim
- Punitive damages are uncommon and never guaranteed.
- Drunk or drugged driving and companies that knowingly ignore safety rules are common settings.
- The possibility of punitive damages can change how seriously an insurer takes a case.
Read more: Punitive damages in Georgia personal injury cases and DUI accident claims.
Related terms
Frequently Asked Questions
Can punitive damages be awarded in a wrongful death case?
Not in the claim for the full value of the life. They may be sought in the estate’s separate claim for the person’s pain, suffering and expenses before death.
Who receives punitive damages?
Usually the injured person. In product liability cases, 75% of the award, less a share of litigation costs, goes to the state treasury.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
