How are punitive damages different from compensatory damages in Georgia?
The two kinds of damages serve opposite purposes. Compensatory damages restore the injured person; punitive damages punish the wrongdoer. In Georgia, compensatory damages are the default remedy in almost every injury case, while punitive damages are an exceptional add-on available only when the defendant’s conduct is far worse than ordinary carelessness, as set out in O.C.G.A. § 51-12-5.1.
Compensatory damages: making the injured person whole ¶
Compensatory damages measure the plaintiff’s actual loss. They typically include economic items such as medical bills, lost wages, and future care costs, along with non-economic harm like pain and suffering. The goal is restoration, not punishment, so the amount tracks what the injury actually cost the plaintiff. These damages are proven by a preponderance of the evidence, the everyday civil standard meaning more likely than not.
Punitive damages: punishing and deterring ¶
Punitive damages look at the defendant’s behavior, not the plaintiff’s losses. They are awarded only when clear and convincing evidence shows willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care raising a presumption of conscious indifference to consequences. The point is to punish the defendant and deter similar conduct, so the amount reflects the wrongfulness of the act rather than any expense the plaintiff incurred.
Several features set punitive damages apart in Georgia:
- Higher burden of proof. Clear and convincing evidence, not just a preponderance.
- Statutory cap. A $250,000 ceiling applies in most cases, with exceptions for specific intent to harm, substantial intoxication, and product liability.
- Separate trial phase. A bifurcated procedure decides entitlement first, then the amount.
- Dependence on a compensatory award. Punitive damages generally cannot stand alone; the plaintiff must first be entitled to compensatory damages.
The bottom line ¶
Compensatory damages and punitive damages answer different questions in a Georgia case. One asks what the plaintiff lost and pays it back; the other asks how badly the defendant behaved and imposes punishment. Compensatory recovery is the norm, proven by the ordinary standard, while punitive recovery is rare, demands clear and convincing proof of serious misconduct, and carries its own cap and procedure.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.