[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Punitive damages aim to punish the offender rather than compensate the victim. They are available only in the small percentage of cases where the at-fault party behaved intentionally, maliciously, fraudulently, oppressively, recklessly, or with indifference to the consequences.  In most cases, Georgia imposes a $250,000 cap on punitive damages. However, if the court finds that the offender was intoxicated or intended to cause harm, the cap does not apply. The cap also does not apply in instances of product liability, although the state collects 75 percent of punitive damages in such cases.","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Georgia does not have a cap on medical malpractice damages. The state legislature adopted a cap in 2005, limiting non-economic damages at $350,000 \u2013 or double that if multiple healthcare facilities were involved. However, the state\u2019s supreme court found this law unconstitutional in 2010, and there has been no cap since.","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"Georgia allows victims to file claims against government entities whose employees are liable for their injuries. However, the state imposes caps of one million dollars per person per occurrence and three million dollars in total per occurrence in these cases.","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question4","text":"Georgia law follows the principle of comparative negligence in personal injury cases. This doctrine holds that if a person contributes in any way to their injuries, the compensation available to them will be reduced in proportion to their degree of fault. However, they can still recover compensation as long as they are less than 50 percent at fault for the incident.  For example, if you suffer injuries in an accident where you were 15 percent at fault, you will still be eligible to receive 85 percent of the resulting damages. However, if you are 50 percent or more at fault, you cannot recover any compensation.","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Georgia law follows the principle of comparative negligence in personal injury cases. This doctrine holds that if a person contributes in any way to their injuries, the compensation available to them will be reduced in proportion to their degree of fault. However, they can still recover compensation as long as they are less than 50 percent at fault for the incident.  For example, if you suffer injuries in an accident where you were 15 percent at fault, you will still be eligible to receive 85 percent of the resulting damages. However, if you are 50 percent or more at fault, you cannot recover any compensation.  Insurance companies in Georgia often use the principle of comparative negligence to avoid paying compensation to injury victims. They may argue that your percentage of fault is greater than it is so they can undervalue or reject your claim. A skilled personal injury attorney can assemble a strong collection of evidence in your favor to demonstrate that the other party is mainly or entirely at fault. That way, they can maximize the compensation available to you.","name":"Answer Question5","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question6","text":"If another party\u2019s deliberate or negligent actions lead to a person\u2019s death, a wrongful death claim allows grieving family members to seek compensation for a range of economic and non-economic losses. As with personal injury claims, Georgia does not impose a cap on wrongful death claims.","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer5"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Are Punitive Damages Possible in Every Georgia Personal Injury Case?","acceptedAnswer":{"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer"},"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Question"},{"@type":"Question","name":"Does Georgia Have Caps on Medical Malpractice Damages?","acceptedAnswer":{"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer1"},"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Question1"},{"@type":"Question","name":"Are There Caps on Damages Against the Government?","acceptedAnswer":{"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer2"},"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Question3"},{"@type":"Question","name":"What If I Partially Contributed to the Accident That Caused My Injuries?","acceptedAnswer":{"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer4"},"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Question5"},{"@type":"Question","name":"Are There Caps for Wrongful Death Claims?","acceptedAnswer":{"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer5"},"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Question6"}],"name":"Georgia injury damages caps","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#FAQPage"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"If another party\u2019s deliberate or negligent actions lead to a person\u2019s death, a wrongful death claim allows grieving family members to seek compensation for a range of economic and non-economic losses. As with personal injury claims, Georgia does not impose a cap on wrongful death claims.","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#ItemList"},{"@context":"http:\/\/schema.org","@type":"Question","name":"Are There Caps for Wrongful Death Claims?","acceptedAnswer":{"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#ItemList"},"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Question2"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Answer3"},"name":"What If I Partially Contributed to the Accident That Caused My Injuries?","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Question4"},{"@context":"http:\/\/schema.org","@type":"Question","name":"What If I Partially Contributed to the Accident That Caused My Injuries?","@id":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#Thing"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Georgia Injury Damages Caps","item":"https:\/\/www.sherrodandbernard.com\/blog\/georgia-injury-damages-caps\/#breadcrumbitem"}]}]