Can expert witnesses be used to establish punitive damages in a Georgia case?

Can expert witnesses be used to establish punitive damages in a Georgia case?

Yes. Under O.C.G.A. § 51-12-5.1, Georgia allows punitive damages when a defendant’s conduct shows willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which raises a presumption of conscious indifference to consequences. Expert witnesses can be critical to establishing the defendant’s state of mind — particularly in cases involving drunk driving (DUI), hours-of-service violations by commercial truck drivers, or systemic safety failures by corporations. A trucking compliance expert who demonstrates that a carrier knowingly allowed a fatigued driver to operate a commercial vehicle provides powerful foundation for a punitive damages claim.