Punitive damages are available in Georgia only when clear and convincing evidence shows “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences,” O.C.G.A. § 51-12-5.1(b). Ordinary negligence, even serious negligence, doesn’t qualify.
The complaint must specifically ask for them. The jury first decides whether to award them, and if it says yes, the trial resumes to decide the amount, § 51-12-5.1(d).
The cap depends on the case type:
| Case | Limit | Subsection |
|---|---|---|
| Most tort cases | $250,000 | (g) |
| Specific intent to harm | No limit, against the active wrongdoer | (f) |
| Defendant under the influence, judgment substantially impaired | No limit, against the active wrongdoer | (f) |
| Product liability | No limit, but only one award per defendant for the same act | (e)(1) |
In a product case, 75 percent of the award, less a proportionate share of costs and fees, goes to the state treasury under (e)(2).
The money also isn’t compensation. Subsection (c) says these damages are awarded “solely to punish, penalize, or deter,” so they are decided apart from medical bills and pain and suffering. SB 68’s 2025 changes let a party demand a split trial under § 51-12-15, which can separate fault from damages, and a separate statute governs how noneconomic amounts are argued. Neither changes the punitive standard quoted above.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.