This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.
Georgia Surface Damage Payments
Category:
State:
Multi-State
Control #:
US-OG-826
Format:
Word;
Rich Text
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FAQ
Georgia law caps most punitive awards at $250,000; however, there are three important exceptions to this limit. First, product liability claims are not limited by the statutory cap. However, it's important to note that in these cases, only 25% of the punitive damages, plus attorneys fees and costs, go to the plaintiff.
Insurance against punitive damages is authorized. - Punitive damages are a legal liability, and ingly insurance against such damages is expressly authorized by paragraph (1) of this section.
Compensatory damages compensate injured victims for their losses to help them become whole again (to an extent) following an injury. These damages come in two primary types, including economic or special damages and non-economic or general damages.
The first factor?the reprehensibility of defendant's conduct?is subjective in nature. The other two?defendant's financial condition and the relationship to actual damages?are objective measurements.
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.
It is hoped that making the perpetrator pay a sum stretching beyond compensatory damages will deter both the defendant and others from committing similar misdeeds in the future. A typical cap on punitive damages is four times the amount of compensatory damages.
Special Damages in Georgia Georgia Code § 51-12-2(b) establishes that special damages are ?those that actually flow from a tortious act.? Special damages must be proven in order to be recovered. Special damages are quantifiable financial losses that a victim suffers as the result of a negligent offender's conduct.
Because Georgia law views punitive damages as strictly a means of punishing, penalizing or deterring defendants, the compensation does not go straight to the plaintiff. Most of the money goes to the government.