Legal Question in Personal Injury in Georgia
Punitives damages in an auto accident case
Can i recieve punitive damages in an auto accident case where the person at fault ran a red light after the person in front of them ran that same red light?
3 Answers from Attorneys
Re: Punitives damages in an auto accident case
Possibly.I need to know more of the facts in order to give a better opinion.Feel free to call me at (770)427-8468. I will be glad to talk to you about it free of charge.Ron Lowry
Re: Punitives damages in an auto accident case
Arguably, yes. But it is always a jury issue in the end and the new laws require a bi-partite trial. Punitives are in part two if you win part 1.
Re: Punitives damages in an auto accident case
On your facts, you may ask the Jury to give them to you under OCGA Sec. 51-12-5.1. Sometimes, I get them. I tried a case in April in Gwinnett County where I thought the Jury would return them. The Jury returned a verdict for my client, but declined to check the "punitive damage" box; thus, we then could not go back and ask for punitive damages. The client had to live with only the compensatory damages -- 6 figures, but, hey, they wanted more.
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