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Georgia Statute of Limitation Question: A drunk driver just pled guilty to DUI-DWI after 18 months. Is it too late to file a claim or lawsuit?

Published February 6, 2018 by Bruce Millar

As in many personal injury cases, a victim hit by a drunk, drugged or otherwise intoxicated driver in Georgia usually has just 2 years (24 months) from the time of the injury to file his or her lawsuit. However, based on a new Georgia appellate case,  it has been ruled that the two-year statutory limit time period may not start to run while the charges — including a DUI (DWI) or even a traffic ticket — are still pending and have not become finalized. This means that you may actually have more than two years to file your lawsuit. But, you must be careful. But if  you do not correctly calculate the time remaining, you could lose your rights. Always contact a Georgia personal injury lawyer well before two years after any crash or accident where you have gotten hurt.

In a case involving an at-fault and DUI driver, you should include a punitive damages claim along with your claims for special and general damages. Here in Georgia, the purpose behind an award of punitive damages is to punish and deter “willful misconduct, wantonness and entire want of care.” Driving under the influence of drugs or alcohol clearly fits into this category.  And a guilty plea in this type of case is also very helpful, because it establishes a legal admission to driving under the influence. Punitive damages are usually limited (capped) at $250,000 in Georgia. However, because impaired or drunk driving is an intentional and dangerous act, there is an exception to the limit on punitive damages, and there is no cap on punitive damages for these cases.

Because there is a two-year statute of limitations in Georgia, meaning you have to take legal action within two years from the date of the accident, you should contact a skilled, experienced and aggressive car accident attorney at The Millar Law Firm right away. Our Atlanta drunk driving accident lawyers have obtained punitive damages in numerous cases involving DUI and drugged drivers.

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