Can You Recover Punitive Damages in a Negligence Case?

Under Georgia law, a plaintiff cannot receive punitive damages if their underlying tort lawsuit fails. Punitive damages, while awarded to the plaintiff, are distinct from compensatory damages. These damages are intended to punish the defendant for particularly egregious behavior, rather than to compensate the plaintiff for any losses. Punitive damages, also known as “exemplary damages,” are typically awarded in cases of medical negligence or liability for defective products.

In personal injury litigation, there are two types of recoverable damages: compensatory and punitive. Compensatory damages are intended to reimburse the injured party for any losses they have suffered due to the defendant's negligence. This can include economic and non-economic damages, such as medical bills or pain and suffering. Punitive damages, on the other hand, are not intended to compensate the injured party but rather to punish the offender.

If you have been injured due to another person or party's negligence, it is important to understand the differences between compensatory and punitive damages. The experienced personal injury lawyers at O'Dwyer & Bernstien can help you receive the justice and closure you deserve. To discuss how you can prove negligence and causality in your injury claim, schedule a free consultation with a Colorado personal injury lawyer today.

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