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Dui driver totaled 5 month new car 2012 elantra limited. None are for sale used yet. Drunk has State Farm can I get punitive dam

Marietta, GA |

Had to use my Geico ins. (Great) can I get punitive damages? Only a fractured thumb. To cover new down payment and car tax & title?

Attorney Answers 4


  1. It's very difficult to get punitive damages in these cases, but call our personal injury guy, Zack Tadlock. He'll take great care of you. 404-881-8866.


  2. Actually, see an article I wrote about a Gwinnett Co. jury who awarded $30k to a driver who was hit by a DUI driver. This accident did not have very severe medical damages either.

    http://www.georgiaduilawblog.com/2011/04/12/punitive-damages-dui-driver/

    Feel free to give my office a call to discuss your options.

    Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.


  3. Obtaining punitive damages are unlikely, but given that the driver was drunk and you suffered injuries I highly recommend that you seek counsel of a local personal injury attorney for a free consultation. There are many excellent local attorneys here on Avvo. Good luck!


  4. Punitive damages are usually tough to get and it's up to a jury to decide whether to award them. However, DUI cases have a greater possibility of punitive damages than most car wrecks. Some of the factors a jury might consider in deciding whether to award punitive damages are how drunk the defendant was, whether he or she has had previous DUIs, how sorry he or she seems, how bad the wreck was and how injured you were.

    Punitive damages are usually capped at $250,000, meaning that you cannot recover more than that amount in punitive damages. If the jury finds the other driver was DUI, punitive damages are not capped and you can recover an unlimited amount of punitive damages.

    As a practical matter, if you have only minor injuries it's going to be tough for you to get punitive damages.

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