“Damages” is a legal term used to describe an amount of money awarded to a plaintiff, or the person bringing a complaint, in a civil case. Damages in a car wreck case can be used to reimburse a plaintiff for medical expenses, lost wages or other expenses incurred as a result of the negligence of the defendant.
Damages collected to compensate the claimant or Plaintiff for some loss are often referred to as compensatory damages.
In some cases, including car and truck wrecks where the at-fault driver was intoxicated or was a “hit-and-run” driver, a plaintiff may be able to collect punitive damages. Separate from damages that are intended to reimburse or “make whole”, punitive damages are designed as an additional punishment for the defendant and are aimed at deterring recurrences of his or her behavior.
O.C.G.A. § 51-12-5.1 provides for punitive damages where the defendant driver has exhibited “willful misconduct, malice, wantonness, oppression or that entire want of care which would raise the presumption of conscious indifference to consequences” of their actions. These damages are designed to punish, penalize, and deter at-fault or defendant drivers from future similar bad conduct.
For example, in the case of a DUI that results in a car wreck, the injured party may sue the drunk driver for both compensatory damages and punitive damages to serve as a monetary penalty and, hopefully, incentive for the driver not to drive drunk in the future.
Another example may be where a trucking company hired the at-fault driver where they had “actual knowledge of numerous and serious violations on its driver’s record, or, at the very least, when the employer has flouted a legal duty to check a record showing such violations.” Cooper v. Marten Transport, Ltr., 2012 WL 12358220 (2012), quoting W. Indus., Inc. v. Poole, 280 Ga.App. 378, 380 (2006).
Trucking companies are bound by a duty to exercise ordinary care in the selection of employees and not to retain them after knowledge of incompetency.” O.C.G.A. § 34-7-20. These companies will frequently conduct insufficient background checks or no background check at all, simply because of a tough labor market and a need to get drivers on the road fast. This sort of conscious indifference to the safety of other drivers can open them up to claims of punitive damages.
At Zdrilich Injury Law, we use investigators to find out what the trucking company knew or should have known about their driver before handing over the keys to a tractor-trailer. This sort of detailed due diligence results in superior outcomes.
Pursuant to O.C.G.A. § 51-12-5.1(f), “there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor” if the defendant “acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription …to that degree that his or her judgment is substantially impaired.”
One area often overlooked by claimants (and their attorneys) is the ability to claim and collect punitive damages with regard to property damage claims. Pursuant to O.C.G.A. § 33-4-7(a), insurance carriers have an affirmative duty to adjust fairly and promptly any destruction of property covered under their policies. Mills v. Allstate Ins. Co., 653 S.E.2d 850 (2007) (bad faith penalties apply only to property damage); King v. Atlanta Casualty Ins. Co., 631 S.E.2d 786 (2006). A breach of any of the statutory duties subjects the insurance carrier to penalties and attorney’s fees for “bad faith.” Bad faith is “any frivolous and unfounded refusal in law or in fact to pay according to the terms of the policy.”
O.C.G.A. § 33-4-7(d) sets out the procedures a claimant must follow in order to collect these damages. Failing to follow these mandatory procedures means you won’t be able to collect punitive damages. These steps include:
It is important to note that if you attempt to deal with the insurance carrier directly, and settle out your property damage claim because the at-fault carrier promises to get you in a new car fast, you may waive your right to recover punitive damages associated with your property damage forever. Insurance carriers frequently record phone calls and attempt to get you to commit to a resolution of your property claims on the phone. They will mail you a check for all property damages, and, once cashed, you will have no recourse to collect punitive damages related to the property damage. This is one of many reasons you need experienced counsel to navigate these negotiations.
For example, in a recent case, we made a demand on a $100,000 property damage policy where the actual property damages were estimated at $12,563, and, using this process, were able to collect $100,000 in resolution of the property damage claims only.
While punitive damages are not an option in every car wreck case, they can be a game changer in cases where bodily injury is less serious and the compensatory damages are lower or in cases where the policy limits are too low to fully compensate the claimant with bodily injury damages alone. If you have questions, contact Zdrilich Injury Law to schedule a review of your case.
GET A FREE CONSULTATION TODAY
Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.
Zdrilich Injury Law, LLC providers one-on-one representation to car accident, truck accident and workers’ compensation clients in Georgia.
770-691-1680
PRACTICE AREas
CONTACT INFORMATION
Duluth Office
3575 Koger Blvd. Ste 125
Duluth, GA 30096
Phone:
(770) 931-9604
Savannah Office
123 Canal St. Ste 201
Pooler, GA 31322
Phone:
(912) 888-1111
Alpharetta Office
11545 Parkwoods Cir. Ste B
Alpharetta, GA 30005
Phone:
(404) 888-1111
All Rights Reserved | Zdrilich Injury Law, LLC | Privacy Policy