Punishing Drunk Drivers: How Punitive Damages Work in Georgia DUI Claims

In Georgia, punitive damages in personal injury cases are generally capped at $250,000, but actual awarded amounts often fall below this limit. Punitive damage amounts are determined in the negotiation process between your personal injury lawyer and the insurance company. It’s important to understand that many of these cases result in out-of-court settlements.

Exceptions to this cap include instances where the defendant had a specific intent to cause harm or was intoxicated. The law specifically states the following:

O.C.G.A. § 51-12-5.1 (f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-fees but such damages shall not be the liability of any defendant other than an active tort-feasor.

This makes it so if you can prove that the at-fault driver was drunk or intoxicated on any drugs, there is no limit on how many punitive damages you can receive.

Punitive Damages from a DUI accident can be over a million. It's important to know that to achieve a settlement this high the other damages must also be high. With other damages being high, like medical bills, and other standard accident costs, this would mean that it was a very severe wreck. Your DUI accident attorney would also have to prove that the driver was intoxicated.