Suing for Punitive Damages in Atlanta

Find the right Litigation attorney in Atlanta, GA

Litigation Lawyers in Atlanta

In Atlanta, Georgia, the civil litigation system is mainly concerned with compensating the victims of wrongdoing, rather than punishing the wrongdoers, or casting moral blame upon them.

This basic principle is subject to an significant exception, however. There are cases where a judge in Atlanta, Georgia will order a defendant to pay the plaintiff a sum of money which is not calculated based on actual harm the plaintiff has suffered. These are called "punitive damages" and serve the purpose of punishing and deterring wrongdoing.

You should be cognizant that courts in Atlanta, Georgia are not especially fond of authorizing punitive damages, because they view it as a financial windfall that generally runs counter to civil litigation's primary purpose of compensating victims of wrongdoing for the harm they've suffered. However, if the conduct of the defendant was completely reprehensible and the harm caused was deliberate, a court might impose damages to punish the defendant, known as "punitive damages."

Conduct that can give rise to punitive damages in Atlanta, Georgia

The vast majority of personal injury lawsuits in Atlanta, Georgia involve instances in which the defendant did not intend to harm the plaintiff, but did so through carelessness. This is not enough to award punitive damages in Atlanta, Georgia.

In Atlanta, Georgia, punitive damages are only awarded in extreme situations. Civil wrongs such as fraud, conversion (theft), battery, and other intentional, depraved acts are sufficient to award punitive damages. In deciding whether or not to award punitive damages, and how much money to award, courts in Atlanta, Georgia will consider many different factors. Normally, they employ a sliding scale, weighing the nature of the conduct and the actual harm that the conduct caused. The more immoral the conduct, and/or the more harm caused, the more likely a court is to award punitive damages.

It's necessary to note that in Atlanta, Georgia, punitive damages are not unlimited. The Supreme Court has repeatedly held that punitive damages cannot be hugely disproportionate to the amount awarded to compensate the plaintiff for the actual injuries they suffered. If the punitive damages are extremely excessive, an appeals court might rule that they amount to a deprivation of property without due process of law, or a de facto criminal punishment, without affording the defendant the protections available in criminal cases.

In general, punitive damages in Atlanta, Georgia cannot be more than 10 times larger than the actual damages sustained by the plaintiff. Nonetheless, this is not an absolute rule, and appeals courts in Georgia have upheld much larger awards, and found much smaller awards to be invalid. It's decided on a case-by-case basis.

How Can a Atlanta, Georgia Attorney Help?

The law of Atlanta, Georgia doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are various situations where they might be awarded.

If you are located in Atlanta, Georgia, and are immersed in a case that you think, based on the information conveyed above, that might have punitive damages as an option, you can't be sure what, if anything, you're entitled to from the defendant until you consult with a Atlanta, Georgia civil litigation attorney

Talk to a Law Attorney now!

Life in Atlanta

Atlanta has the highest population of any city in the State of Georgia with just under 500,000 people. The Hartsfield Jackson Atlanta International Airport as been the world's busiest airport since 1998. That's two years after the city hosted the 100th Olympic Games. Atlanta is the seat of Fulton County government as well as for the entire State of Georgia. Atlantans work for some of the most well known companies who have world headquarters located in the city. The Coca-Cola Company, ATT, UPS, Turner Broadcasting, The Home Depot, and UPS are just a few of the nearly 75% of Fortune's 1000 who have operations in Atlanta. All that industry grosses the city over billion each year. All of the productivity doesn't mean it comes at a lack of greenery.

Atlanta is known both as the "City of Trees" and the "City in a Forest" for the dense tree cover that blankets nearly 40% of downtown. It's the most dense tree cover of any American city. The Atlanta Botanical Garden even offers a Canopy Walk through 600 feet of canopy at 40-feet into the trees. Other city attractions include the Georgia Aquarium, Fox Theatre, Atlanta Contemporary Art Center, Museum of Contemporary Art of Georgia, World of Coca-Cola, Delta Heritage Museum, Carter Center and Presidential Library, and Atlanta sports teams draw patrons from across the globe.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light