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Georgia Punitive Damages Law and the $250,000 Cap

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Punitive damages are extra money a jury awards to punish a defendant, not to pay you back for your losses. In Georgia, you can only get them if you prove very bad conduct by “clear and convincing evidence.” In most cases the award is capped at $250,000, but there is no cap when the defendant meant to hurt you or was drunk or on drugs.

What the Law Says

O.C.G.A. § 51-12-5.1, Punitive damages, states in part:

(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.

(c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.

The statute then sets the limits:

(f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor but such damages shall not be the liability of any defendant other than an active tort-feasor.

(g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00.

You can read the full statute on the Georgia General Assembly’s official code site.

In Plain English

Most money in an injury case is meant to make you whole. It pays for medical bills, lost wages, and pain. Punitive damages are different. They exist to punish the person who hurt you and to warn others not to do the same thing. The statute says this directly in subsection (c).

Because punitive damages are a punishment, the bar is high. Ordinary carelessness is not enough. You must show “willful misconduct, malice, fraud, wantonness, oppression,” or a total lack of care that shows the defendant did not care what happened. You must also prove this by “clear and convincing evidence.” That is a tougher standard than the normal “more likely than not” test used for the rest of your case.

The trial happens in two steps. First, the jury decides whether the defendant is liable and whether punitive damages should be awarded at all. If the jury says yes, the trial starts again right away. In this second phase, both sides can put on evidence about how much money it will take to punish or deter the defendant. Under subsection (d)(1), you must ask for punitive damages in your complaint. If you leave them out, you cannot get them.

The cap is $250,000 for most cases. That is the rule in subsection (g). But there are two big exceptions. First, if the defendant meant to cause harm, there is no cap. Second, if the defendant was drunk or high on drugs that were not prescribed, there is no cap. This second exception matters a lot in drunk driving crashes. The exception only applies to the “active tort-feasor,” which means the person who actually did the harmful act. It does not apply to someone who is only liable because of another person’s act, like an employer.

Product liability cases have their own rule under subsection (e). There is no cap. But the state keeps 75 percent of the punitive award, minus a share of costs and fees. And only one punitive award can be collected from a defendant for the same act, no matter how many people sue.

The Georgia Supreme Court upheld the $250,000 cap in 2023 in a case called Taylor v. Devereux Foundation. The court found the cap did not violate the state constitution’s right to a jury trial, at least where there was no claim the defendant acted on purpose. The court restated this in its 2026 opinion in Clark v. Leigh, linked below.

Example

Maria is stopped at a red light in Macon on March 3, 2026. A driver named Dale hits her from behind at 50 miles per hour. Police test Dale and find his blood alcohol level is twice the legal limit. Maria breaks her arm and misses six weeks of work. Her medical bills come to $38,000 and her lost wages are $9,000.

Maria’s lawyer asks for punitive damages in the complaint. At trial, the jury first finds Dale liable and awards Maria $150,000 in compensatory damages. The jury also finds by clear and convincing evidence that Dale showed conscious indifference to the safety of others. The trial then moves to the second phase. Because Dale was drunk, subsection (f) applies and there is no cap. The jury awards $400,000 in punitive damages against Dale.

If Dale had been sober but texting, the result would be different. The jury could still award punitive damages if the conduct was bad enough. But under subsection (g), the punitive award would be capped at $250,000.

Key Points to Remember

  • Punitive damages punish the defendant; they do not pay for your losses.
  • You must prove willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference by clear and convincing evidence.
  • You must ask for punitive damages in your complaint or you cannot get them.
  • The cap is $250,000 in most cases.
  • There is no cap when the defendant meant to cause harm or was impaired by alcohol or non-prescribed drugs.
  • The no-cap rule for intent or impairment applies only to the person who did the harmful act, not to others like an employer.
  • In product liability cases there is no cap, but the state takes 75 percent of the award.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.