Georgia Legal FAQ: What kind of compensation is awarded can be obtained in a drunk driving accident claim or lawsuit? In addition to the compensation normally awarded in a personal injury claim (settlement) or lawsuit, that usually includes: Medical expenses, Property damage, Lost income, Pain and suffering, Emotional distress, and/or Funeral and burial expenses (in a wrongful death); in a drunk driving accident case with injuries in the state of Georgia, punitive damages are frequently awarded 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.
Generally, punitive damages in Georgia are capped at $250,000 by O.C.G.A. 51-12-5.1(f) and(g). However, because driving while impaired or intoxicated is extremely reckless, there is an exception to this Rule. There is no cap on punitive damages in personal injury cases involving Drunk Driving, DUI or driving under the influence of any drugs (other than lawful prescriptions) or aerosols or other toxic vapors.