Georgia courts have consistently held punitive damages cannot be awarded in connection with a wrongful death claim; however, punitive damages can be sought in a survival action. Therefore, if the individual who was wrongly killed survived for any period of time between the incident and their death, punitive damages may be obtained. These types of damages are only allowed where a defendant’s conduct was intentional, malicious, or showed disregard for the safety or wellbeing of the victim. This exception only applies where there is proof the decedent survived for at least a few seconds, which is what legally gives rise to a survival claim. If the death was immediate, then only wrongful death damages are available without a basis for punitive damages.