Drunk driving accidents can leave victims with life-altering injuries and mounting expenses. At Jonathan R. Brockman, P.C., our Carrollton DUI accident lawyers help clients hold intoxicated drivers accountable while pursuing full financial recovery. Call 770-205-8887 today to schedule your free consultation and get the guidance you need.
Why Drunk Driving Accident Claims in Georgia May Involve Punitive Damages
Drunk driving accidents are some of the most devastating crashes on Georgia roads. They often leave victims with serious injuries, emotional trauma, and financial burdens that can last for years. When a driver chooses to get behind the wheel while intoxicated, they are doing more than just breaking the law—they are putting lives at risk.
Georgia law allows injured victims to recover damages for their losses in a DUI-related crash. But in some cases, courts also award what are known as punitive damages. These damages serve a different purpose than medical reimbursement or lost income. They are meant to punish the wrongdoer and discourage similar conduct in the future.
If you’ve been hurt by a drunk driver in Georgia, it’s important to understand how punitive damages work and whether they might apply to your case.
What Makes Punitive Damages Different from Other Compensation
In a personal injury claim, most damages are considered compensatory. This means they are designed to pay you back for the losses you’ve suffered. These may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Future medical care
Punitive damages are not compensatory. Their purpose is not to reimburse the victim but to send a strong message to the at-fault party. In Georgia, these damages are only awarded in cases where the defendant’s behavior shows willful misconduct, malice, fraud, or a total disregard for the safety of others. Driving under the influence often falls into this category.
Georgia Law on Punitive Damages in DUI Cases
Under Georgia law (O.C.G.A. § 51-12-5.1), punitive damages are allowed when the person responsible for the harm acted with an intentional disregard for others’ safety. DUI accidents meet this standard because drunk driving is not a simple mistake—it’s a conscious decision to drive while impaired.
In most personal injury cases, there’s a cap on punitive damages. Georgia limits them to $250,000. However, this cap does not apply in DUI cases. If the driver was under the influence of alcohol or drugs, and that played a role in causing the accident, the court can award unlimited punitive damages.
This makes DUI cases unique. Victims may be eligible for a higher level of compensation than they would receive in a typical car accident claim.
Proving the Driver Was Under the Influence
For punitive damages to be awarded, the injured party must show that the driver was intoxicated and that their intoxication caused the crash. This typically involves evidence such as:
- Police reports indicating the driver failed field sobriety tests
- Results from breath or blood alcohol tests
- Arrest or conviction records
- Witness testimony
- Dashcam or surveillance footage
A criminal DUI charge is not always necessary, but it can strengthen a civil case. Even if the driver avoids conviction in criminal court, civil courts use a lower burden of proof. This means punitive damages may still be awarded based on available evidence.
How Punitive Damages Impact Settlement Negotiations
The possibility of punitive damages often puts pressure on insurance companies to settle. Insurers know that if the case goes to trial and a jury finds the defendant acted recklessly, the cost could be much higher than in a standard case. This can give your attorney more leverage to negotiate a fair settlement.
In some situations, punitive damages may not be covered by the driver’s insurance policy. However, they can still be awarded against the driver personally. While collecting those damages can be challenging, the award itself sends a strong message and may be enforceable through garnishments or liens in the future.
Why Legal Representation Matters in DUI Injury Claims
While the idea of pursuing punitive damages may sound straightforward, building a strong case requires skill and attention to detail. These claims are not automatic. Your legal team must show clear and convincing evidence of reckless or malicious behavior.
An experienced personal injury attorney can help gather the necessary documentation, work with expert witnesses, and argue your case in a way that clearly outlines the need for punitive damages. This is especially important when dealing with insurance companies that are trying to minimize payouts.
Attorneys also help you calculate the full value of your claim, which includes both economic and non-economic damages. When added to a punitive award, the total recovery can help cover long-term medical costs, lost future earnings, and other consequences of a life-changing injury.
Real Impact on Victims and the Community
Punitive damages serve a broader purpose than just helping the injured person. They act as a warning to others. In Georgia, these awards show that the courts take drunk driving seriously and will hold reckless drivers fully accountable.
For victims, knowing that the driver faced real consequences can provide a sense of justice. While no amount of money can undo the harm caused, punitive damages help reinforce the value of safe driving and personal responsibility.
Time Limits and Legal Deadlines
Like all personal injury claims in Georgia, DUI accident cases are subject to a deadline. Victims typically have two years from the date of the crash to file a lawsuit. This is called the statute of limitations. Waiting too long can result in the loss of your right to pursue any kind of compensation.
Speaking with a lawyer soon after the accident helps ensure your case is handled properly from the beginning. It also protects critical evidence that may otherwise be lost or overlooked.
Drunk driving crashes are preventable tragedies. In Georgia, the law recognizes this and gives victims the ability to pursue additional damages when a driver chooses to disregard the safety of others. Punitive damages are one of the strongest tools available to hold drivers accountable.
Get Legal Guidance from a DUI Accident Attorney
If a drunk driver caused your injuries, you have the right to seek accountability and compensation. A DUI accident attorney at Jonathan R. Brockman, P.C. in Carrollton can handle the legal process while you focus on healing. Call 770-205-8887 for your free consultation and learn how we can help you take the next step.