Posted by duijim in on October 27, 2023
Drunk driving accidents often result in serious injuries, including traumatic brain injuries (TBIs), spinal cord injuries, broken or crushed limbs, permanent scarring, and other physical impairments. Victims of DUI accidents in Georgia have the right to claim compensation by filing a civil suit against their drunk driver.
Victims of DUI accidents may seek punitive damages as an additional form of compensation. Read on for more details.
Punitive Damages
When an accident victim files a civil suit against a drunk driver, punitive damages have no cap; however, this type of claim differs substantially from traditional civil litigation in several key ways. Although both involve injuries or deaths caused by another party’s conduct, a DUI driver civil lawsuit often involves more serious offenses that expose their offender to significant dollars of exposure.
Due to these factors, the burden of proof in civil drunk driving crash cases is higher than it would be in traditional injury claims. Furthermore, an individual charged with drunk driving risks being prosecuted criminally as well as not enjoying all the constitutional protections offered to other drivers.
Georgia courts have held that for a jury to award punitive damages, there must be evidence of conduct that was outrageous. This generally refers to behavior which was reckless without considering potential devastating repercussions – for instance drag racing or road rage can have devastating results, while leaving an accident scene without reporting is considered intentional behavior which warrants punitive damage awards.
An intoxicated driver may lack the financial means to pay any civil judgment against them; that is why automobile insurance plays such an integral part of DUI accident cases. When an accident victim reviews policies that provide liability coverage for either themselves or any vehicles involved in their collision, liability coverage typically has a stated limit that represents how much will be contributed toward any judgments or verdicts awarded by these policies to their accident victim.
Victims may look to any available uninsured/underinsured motorist (UM) coverage available on both their personal policies as well as those belonging to family members living within their household for relief from damages awards and settlements. It should be noted, however, that punitive damages awards cannot be satisfied through uninsured/underinsured motorist (UM) policies.
Damages for Pain and Suffering
Though it is tempting to assume that criminal cases involving DUI accidents will also cover any injuries you sustain from them, this is often not true. Restitution orders in criminal proceedings often fall far short of providing compensation that covers your losses fully; to obtain justice in this matter you will typically need to file separate civil claims – an experienced Georgia DUI accident lawyer can help ensure a just settlement in such proceedings.
Victims of DUI accidents may also be eligible for punitive damages as part of their compensation package, to punish reckless behavior by defendants and deter similar acts in future. While certain states limit these awards in car accident cases, Georgia doesn’t restrict this aspect so you could receive a substantial verdict for injuries and losses suffered.
When calculating pain and suffering damages, jurors will take many factors into consideration to establish their value, including severity and permanence of injuries sustained, past and future medical bills and related expenses, loss of earnings capacity, property damage sustained and current and future loss of enjoyment of life. The more extensive or severe your injuries are, the higher their value in claims settlement.
Though these expenses are calculable expenses, your Georgia DUI accident attorney will likely also argue for non-economic damages such as mental anguish and loss of companionship that are harder to quantify but often have far greater effects for victims who have been seriously injured in car accidents caused by drunk drivers.
As with other injury claims, juries will assess your level of negligence for the accident as part of their evaluation of compensation amounts owed to you from this claim. Based on this principle, those more than 50% responsible should not have to bear their losses themselves.
Damages for Economic Loss
When someone is injured in a DUI accident, their damages should cover all related financial losses – from medical expenses and lost wages to property damage and pain and suffering compensation. Furthermore, according to law they can receive payment for this intangible loss that doesn’t have a dollar figure attached but still causes great distress to victims.
When filing drunk driving accident claims in Georgia, victims can seek both compensatory and punitive damages; however, punitive damages have a $250,000 cap per claim so even if your losses and damages are significant you may not be able to recoup all that much from those at fault.
Damages you can expect in a DUI accident claim will depend on several factors, including severity of injuries sustained and extent of property damage sustained. Your lawyer will help determine what kind of compensation is appropriate in light of all these considerations – they could take into account evidence available such as criminal records showing any past convictions for DUIs or alcohol-related charges; their assessment might include looking for signs that indicate intoxication such as stumbling or slurring at scene, which are sure signs they were impaired during driving incident.
Your lawyer will identify all parties liable for your injuries and losses, such as the negligent driver or establishment that served them alcohol; Georgia’s Dram Shop Act allows for claims to be filed against these businesses if they sold alcohol to persons aged 21 or younger or were visibly intoxicated.
Your lawyer should know Georgia law regarding restitution and negligence as well as what evidence is needed to support your claim and how best to find it. They’ll also understand any relevant statutes of limitation or deadlines; such as two years from either the date of injury or of death for filing personal injury and wrongful death claims respectively.
Damages for Disfigurement
As the victim of an accident involving a drunk driver, you may have suffered disfigurement, physical pain and mental anguish as well as non-economic damages. Although state crime victims compensation programs provide partial relief, filing a civil lawsuit to pursue compensation could help cover further losses.
Our Atlanta DUI accident attorney can assist in gathering the evidence needed to support your damages claim in your case, such as medical expenses, property damage and lost wages. Furthermore, we will work hard on building a compelling argument on your behalf for punitive damages – designed to punish defendants and discourage similar behavior – which are intended as punishment against them and discourage further such behavior by our law firm. With extensive experience handling drunk driving accident cases involving serious injuries or even deaths on its side, our law firm knows exactly what’s necessary in building compelling cases on your behalf.
Georgia is one of only a few states that permits you to pursue punitive damages in DUI accident cases, although this must be pursued as a separate legal action from your personal injury claim and must meet similar standards as other forms of compensatory damages. Georgia courts use as justification that those at fault owed them some level of duty of care and responsibility and breached it by driving under the influence of alcohol or drugs, leading to your injuries.
A jury could award you damages for injuries you incurred and suffering you experienced as a result of negligence on behalf of the defendant. Our firm will carefully examine your medical records in order to fully comprehend all damages you have incurred; additionally, expert toxicology testimony may help establish how intoxicated someone was during your crash.
We will accurately determine the value of your damages and include them in your claim or lawsuit. Next, we will work to negotiate a fair settlement agreement with the insurance provider or prepare your case for trial if this proves impossible.