What types of remedies are available in a professional negligence claim?

In a professional negligence claim in Georgia, a party who suffers an injury due to the professional negligence of someone else may pursue various remedies. Generally, these remedies are divided into two categories: compensatory damages and punitive damages. Compensatory damages, also known as actual damages, are intended to make the injured party “whole” again and address the financial losses caused by the negligence. This can include economic damages, such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering. Punitive damages are intended to punish the negligent party and deter others from taking similar actions in the future. In Georgia, punitive damages may only be awarded if the defendant acted in a wanton and reckless manner or if the plaintiff can prove malice, fraud, or oppression. In some cases, courts may also award injunctive relief, which is an order that requires a party to take an action or refrain from doing something. For example, a court may order a negligent party to correct a code violation or pay restitution if the negligence has caused financial harm to the injured party. Finally, courts may award attorney’s fees to the successful party in a professional negligence case. Attorney’s fees are intended to compensate the attorney for their time and effort spent handling the case.

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