After most car wrecks, you should be able to collect compensation from the at-fault driver, either through an insurance claim or personal injury lawsuit. This compensation typically covers the cost of your medical bills, property damage and expenses like lost wages. However, in some special circumstances, you may be entitled to punitive damages as well. This kind of judgement, which is punishment for the defendant, could result in a much larger settlement after a crash.

Personal Injury Attorney Explains Your Rights

The legal aspects of punitive damages can be confusing, so you should always consult a car crash attorney before you file any sort of claim. At the McArthur Law Firm, our lawyers have over 101 years of combined experience representing successful car accident claims for clients across Georgia. In one case, our legal team assisted in a truck crash case that resulted in a verdict of $23.2 million, including $5 million in punitive damages.

WHAT ARE PUNITIVE DAMAGES?

In a personal injury lawsuit, you may seek compensation for the damage caused by the negligence of another. This money is meant to make up for the losses you suffer, as much as possible. In general, the two types of damages are:

  • Compensatory damages. This includes economic and non-economic compensation. Economic damages cover all actual costs, such as medical bills, property damage and lost wages. Non-economic costs are more difficult to calculate, and include thigs like pain and suffering as well as emotional distress and loss of companionship.
  • Punitive damages. These damages are not meant as compensation for the victim. Instead, courts award this money to victims to punish the person responsible for an accident. Punitive damages are awarded in civil suits completely separate from any criminal proceedings. However, in some cases, such as a drunk driving accident, the person responsible may also face criminal charges.

Each state has specific laws that limit when you may ask for punitive damages in your personal injury lawsuit. In Georgia, these restrictions are extensive, so you should always consult with a car crash attorney to find out if you can include these extra damages in your case.

WHEN CAN CAR CRASH VICTIMS GET PUNITIVE DAMAGES IN GEORGIA?

You may seek punitive damages after a car crash only in very special circumstances. In general, you may only seek these damages in cases where you can prove definitively that the person responsible was dangerously and willfully reckless. This means that in cases where someone else’s negligence caused your injuries, you likely cannot collect punitive damages. In terms of car accident claims, speeding is generally considered negligent rather than criminally reckless (although there are some exceptions). Therefore, you probably cannot get punitive damages for a crash cause by a speeding driver.

On the other hand, if a drunk driver hits you in Georgia, you can probably request punitive damages. Driving while intoxicated is illegal, so anyone who gets behind the wheel while drunk is willfully breaking the law and behaving recklessly. This is more than just negligence, so you can usually seek punitive damages from a drunk driver.

There are other circumstances that may justify including punitive damages. However, it depends greatly on the details of the wreck, the at-fault driver’s history and more. For example, though Georgia does have laws against texting while driving, you may not be able to collect punitive damages after a distracted driving accident unless you can prove additional recklessness. An experienced car wreck lawyer from our law firm can determine whether your case warrants punitive damages. If so, we can represent your personal injury lawsuit.

CALL OUR GEORGIA CAR CRASH ATTORNEY FOR A FREE REVIEW

If you are considering filing a personal injury lawsuit for your car crash injuries, our attorneys can answer your questions. We can explain your legal options and tell you whether you are likely to receive punitive damages. Either way, we can represent you and argue your case in front of a jury, if necessary. Contact our firm online or call 404-565-1621 to schedule your free initial consultation today.

More Resources for Punitive Damages

If you’d like to learn more about the McArthur Law Firm’s practice areas, read our informative articles below. We explain all the different types of injury cases that we represent.

About our firm

Case results

Truck Accident

$20 MILLION
Verdict

Car crash

$15 MILLION
Verdict

Traumatic Brain Injury

$10 MILLION
Settlement
Read more Case Results

Free Consultation

Use the form below to request a free consultation with one of our attorneys.

All fields required. Use of an online form does not constitute an attorney-client relationship.
This field is for validation purposes and should be left unchanged.

Client testimonials

Mr. Josey and the staff at McArthur law firm handled my case with professionalism and precision.

I live in the Albany area and Mr. Josey made time to come sit with me and listen to my cares and concerns pertaining to the case. I was given the best insight and advice along the way. I highly recommend this team.

Monique M.

The McArthur Law Firm gave me exceptional service from beginning to end. The entire staff is very caring and helpful. You feel welcomed as you walk in the door. I would not hesitate to use them again or refer them to anyone I know as the best Attorneys in Macon, Ga.

Melanie D.

In September 2019, my mom and sister suffered a horrific accident with a tractor trailer taking the life of my sister. Overwhelmed with shock and grief, my family and I didn’t know where to start with recovery. A relative researched and referred McArthur Law Firm after finding credible reviews for their trustworthy professionalism. I can’t speak enough of selecting Attorney Jessica Edmonds. She was our beacon of hope at time we felt limited. Jessica took the time to understand the unfortunate mental, emotional and physical trauma my Mom was dealing with. She thoroughly investigated and identified the root cause of what happened on that fatal day. More importantly, we able to just focus our attention on her healing plan. She successfully reached a fair settlement in a short time. We appreciate her and the McArthur Law Firm staff’s friendly, knowledgeable and responsive service. I highly recommend Jessica Edmonds for anyone seeking genuine representation and impeccable service! My family and I are eternally grateful. Thank you, Jessica.

Teresa S.
More client testimonials

Nationally Recognized

Our Fouding Attorney, Katherine L. McArthur, was featured on the cover of Super Lawyers Magazine in February of 2024.
Read full cover story

Board Certified Specialist

Attorney Katherine McArthur is dual board-certified in Civil Practice Advocacy and Civil Trial Law by the National Board of Trial advocacy.
About specialization