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Punitive damages for impaired driving
Compensation repairs the harm. Punitive damages punish the choice.
Two kinds of damages
| Compensatory | Punitive |
|---|---|
| Pays for what you lost: medical bills, wages, pain and suffering | Meant to punish and deter conduct like impaired driving |
| Based on your losses | Based on the wrongdoer’s conduct |
The Georgia rule
Georgia generally allows punitive damages when clear and convincing evidence shows willful misconduct, wantonness or conscious indifference. There’s usually a dollar cap, but when the defendant acted while under the influence of alcohol or drugs to the point their judgment was impaired, the law can remove that cap.
Evidence that matters
- Breath or blood test results
- Body cam and dash cam video
- Officer observations and field sobriety tests
- Bar tabs, receipts and witness accounts of drinking
- Prior DUI history, where allowed
Punitive damages aren’t automatic. They have to be proven, and the evidence should be gathered early.
Hit by a drunk or impaired driver?
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