Jones & Swanson
  • About Us
    • Attorneys
      • Andrew W. Jones
      • M. Chase Swanson
      • Rutledge W. Jones
    • Our Staff
    • Our Office
    • Reviews
    • Working Directly With You
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Dog Bites
    • Catastrophic Injury
    • Pedestrian Accidents
    • Slip and Fall Accidents
    • Wrongful Death
    • All Practice Areas
  • Areas We Serve
    • Marietta
    • Kennesaw
    • Acworth
    • Woodstock
    • Mableton
    • Sandy Springs
    • Dallas
    • Roswell
    • Austell
    • All Areas We Serve
  • Case Results
  • FAQs
  • Resources
    • Blog
    • Videos
    • Virtual Tour
Support Available 24/7 (770) 427-5498
(770) 427-5498
  1. Marietta Personal Injury Lawyer
  2. »
  3. Blog
  4. »
  5. Personal Injury
  6. »
  7. Can I Recover Punitive Damages?

By Jones & Swanson | October 20, 2015

Can I Recover Punitive Damages?

40

While the details of personal injury suits can vary widely, the majority of successful claims result in general and special damages only; essentially, these are damages which are designed to cover the costs of medical care, property damage, etc. In a few instances, however, it’s possible that you can be awarded punitive damages as well.

What Are Punitive Damages?

In Georgia, punitive damages are those which are awarded if the party who is responsible for the injury demonstrated malicious, fraudulent, or certain other types of willfully negligent behavior. These damages are awarded on top of the usual general and special damages.

If the negligent behavior in the case was NOT an intentional tort or product liability issue, then you may recover a maximum of $250,000 worth of punitive damages. However, if it can be proven that the negligent party actually acted with the intent to cause harm, or that they were under the influence of drugs and alcohol, there will generally be no limit to the damages you can recover.

Product liability cases are unique, as the state of Georgia will collect 75% of all punitive damages in these cases. However, there is no limit to the amount of damages you can recover in these cases.

A Higher Burden Of Proof

In personal injury claims which do not involve punitive damages, you usually must prove only that the other party was acting negligently at the time of the incident, and that their negligence caused or directly led to your injuries.

If you are seeking punitive damages as well, you will need to prove that the other party willfully engaged in negligent behavior or was malicious in their actions. These are actually just a few of the behaviors which can lead to punitive damages, so it is important to consult with your Marietta injury attorney if you believe you have a punitive damage case.

Injured Due To Another Person’s Negligence?

At Jones & Swanson, our Marietta injury lawyers have more than 60 years of combined experience in the field of personal injury law. We have recovered more than $50 million on behalf of our clients, and can put our knowledge and experience to work for you when you hire our firm.

Don’t settle for less than you deserve. Call Jones & Swanson today at (770) 427-5498.

Categories: Personal Injury

Personal Injury Blog Posts:
9

72,000 Lives Saved by Seat Belts

According to the U.S. Department of Transportation, seat belts saved over 72,000 lives during the 5-year period from

18

Apportionment Jury Charges to be Updated

With the disappearance of joint and several liabilities, juries in Georgia decide cases based on comparative negligence

12

Airbags Save Over 6,000 Lives

According to the National Highway Traffic Safety Administration (NHTSA), 175 people died because of airbag injuries

13

Distracted Driving Causes 80% of Car Crashes

A recent Virginia Tech study showed that distracted driving now plays a part in 80% of car accidents. The study also

free case evaluation now

Get help from our team
by filling out this form.

    Categories
    • Airbag Safety
    • Airplane Accidents
    • Announcements
    • Auto Accidents
    • Auto Insurance
    • Automobile Defects
    • Automobile Recall
    • Aviation Accidents
    • Bicycle Accidents
    • Boating Accidents
    • Bus Accidents
    • Car Accident
    • Car Seat Safety
    • Catastrophic Injuries
    • Christmas
    • Commercial Accidents
    • Community Outreach
    • Construction Accidents
    • Crime Victims
    • Defective Products
    • Defensive Driving
    • Distracted Driving
    • Dog Bites
    • Drowning Accidents
    • Drowsy Driving
    • Drunk Driving
    • FAQ
    • Featured
    • Firm News
    • FLSA Claims
    • Food Inspection
    • Food Poisoning
    • Georgia Laws
    • Halloween Safety
    • Health & Wellness
    • Insurance Claims
    • Mediation
    • Medical Bills
    • Medical Malpractice
    • Motorcycle Accident
    • Negligent Security
    • New Years
    • Nursing Home Abuse
    • Nursing Home Neglect
    • Occupational Disease
    • Outreach
    • Pedestrian Accident
    • Personal Injury
    • Pool Accidents
    • Premises Liability
    • Product Liability
    • Product Recall
    • PTSD
    • Recalls
    • Rollover Accidents
    • Safety Products
    • Safety Tips
    • Seatbelt Safety
    • Slip and Fall
    • St. Patricks Day
    • Statute of Limitations
    • Summer Safety
    • Teen Driving
    • Texting Accidents
    • Tire Safety
    • Tractor Trailer
    • Train Accidents
    • Train Crash
    • Truck Accident
    • Trucking Accidents
    • Workers' Compensation
    • Workplace Accidents
    • Wrongful Death
    logotype

    Attorney Chase Swanson

    Attorney Andrew Jones

    Attorney Rutledge Jones

    Personal Injury Lawyer
    $2.8M

    Multi-vehicle interstate crash

    $200K

    Drunk Driving Car Wreck on Barrett Parkway

    $210K

    Trip and Fall in Atlanta, Georgia

    $2M

    Medical Malpractice in Bibb County

    $2M

    Trucking Accident in Georgia

    $3.9M

    Wrongful Death in East Point

    $4M

    Motorcycle Accident in Cobb County

    $9.5M

    Auto Accident in DeKalb County

    TALK TO AN ATTORNEY TODAY
    Find an Injury Lawyer Near You!
    • Marietta Personal Injury Lawyer
    • Cartersville Personal Injury Lawyer
    • Austell Personal Injury Lawyer
    • Calhoun Personal Injury Lawyer
    • Macon Personal Injury Lawyer
    • Canton Personal Injury Lawyer
    • Dallas Personal Injury Lawyer
    • Smyrna Personal Injury Lawyer
    • Decatur Personal Injury Lawyer
    • Rome Personal Injury Lawyer
    Jones & Swanson Call Us at (770) 427-5498
    Office Locations
    Jones & Swanson
    635 Whitlock Ave SW
    Marietta, GA 30064
    Practice Areas
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Dog Bites
    • Catastrophic Injury
    • Pedestrian Accidents
    • Slip and Fall Accidents
    • Wrongful Death
    Areas we Serve
    • Marietta
    • Kennesaw
    • Acworth
    • Woodstock
    • Mableton
    • Sandy Springs
    • Dallas
    • Roswell
    • Austell
    Resources
    • Blog
    • FAQs
    • Reviews
    • Do You Have a Case

    © Copyright 2025 Jones & Swanson | Terms of Service | Privacy Policy | Sitemap | All Rights Reserved.