Extra Help for Victims of Drunk Driving Accidents in Georgia

Car accidents caused by drunk drivers are some of the most tragic cases we deal with at Michael M. Day Law Firm. Horrible injuries and often death could have been prevented if only the driver had called an Uber. Someone’s selfishness, pride, or sheer stupidity has destroyed the lives of others for no good reason whatsoever. It’s incredibly sad.

There is no real silver lining in this cloud. Pain cannot be removed with money, and there is no way to restore what you’ve lost in this type of situation. But there is some help available, and it’s important to know about it.

The Insurance Company is NOT Here to Help

After most serious car accidents—particularly those caused by drunk drivers—the insurance company for the at-fault driver will quickly contact the victim and offer money for their losses. They will act sympathetic and supportive and tell you that you don’t need the trauma and delays of a lawsuit. You don’t need to pay an attorney. You can just take your money and put the incident behind you.

Much of what they say is correct. Legal action over a drunk-driving case can be emotionally challenging. But there are also many truths that the insurance company will not tell you. For starters, their offer isn’t meant to help you at all. They know they are on the hook for a lot of money, and they’re trying to pay out as little as possible. If they get you to settle early for a small amount of money, they not only get away with paying hardly any damages but also save on legal fees.

Insurance companies offer a settlement when they know they are likely to lose in court. Their initial offer will be low because they hope the victim will accept before the victim learns how much their case is really worth. When you understand what’s available under Georgia law, that should cause you to stop before you accept an initial offer from an insurance company.

Overlooked Options: Maximizing Your Recovery Under Georgia Law

Drunk drivers are punished through civil court proceedings. That punishment may provide a small sense of justice for accident victims, but the civil courts are the primary venue for securing real justice after a drunk driving accident.

A personal injury attorney can file a claim for damages against the drunk driver and recover damages for your economic and non-economic losses. Economic losses are factors with a dollar value, such as medical bills or the wages you’ve lost when you’re unable to work. Non-economic losses are factors such as your pain, emotional anguish, and lost quality of life suffered because of the injuries. These types of damages are available in many accidents involving cars, trucks, motorcycles, and other vehicles.

When injuries are caused by a drunk driver, the victim’s personal injury attorney can also ask the court to award extra money known as punitive damages. This money is only available in cases where someone has done something outrageously wrong. Georgia courts recognize that drinking and driving is one of those outrageous actions that deserve financial punishment.

There is no limit to the amount of punitive damages that may be awarded in a drunk driving accident. Georgia law limits punitive damages in other cases to $250,000, but the amount can be much higher in a drunk driving case.

Another source of recovery that can be missed if you aren’t working with the right personal injury lawyer is provided under Georgia’s Dram Shop Act, OCGA §51-1-40. If a bar or liquor store sells alcoholic beverages to someone who is noticeably intoxicated knowing that the individual will soon be driving, then the owner of the establishment can be held liable for injuries caused by that person.

Financial Relief May Be Available Through the Georgia Crime Victims Compensation Program

Although the greatest source of compensation after a drunk driving accident is likely to come through a personal injury lawsuit in civil court, the state of Georgia provides a resource for situations where there may not be enough insurance to cover the harm caused by criminal activity. The Georgia Crime Victims Compensation Program can provide up to $25,000 to cover medical expenses, lost wages, counseling needs, and losses suffered by those close to the accident victim. To be eligible for compensation through this program, the victim or witness must report the drunk driving accident to the police within 72 hours after it occurred. In rare cases, an exception may be made if there’s a good reason the accident was not reported.

It may also be possible to work with a county victim coordinator to have the judge in the criminal drunk driving case order the victim to pay restitution.

Support Systems

While a personal injury lawyer may be able to assist in using legal channels to obtain justice and recover compensation to offset losses and meet future needs, the trauma experienced by the victim of a drunk driving accident usually requires a network of support. Mental health professionals can provide valuable assistance in moving beyond trauma toward a more balanced life. Advocacy groups such as Mothers Against Drunk Driving can provide emotional support for depression and channel the anger and frustration that often stem from drunk driving accidents.

Michael M. Day Law Firm Fights for Accident Victims All Day, Every Day®

When a drunk driver selfishly destroys so much of your life, it’s hard to know what to do. We can help. Our team does not have all the answers, but we have helped many people in your position find their way forward. The process of a personal injury claim provides an opportunity to receive justice and feel confident about the future. If you or a loved one was injured due to the irresponsible actions of a drunk driver, call the team at Michael M. Day Law Firm at 404-480-4284 or contact us online to set up a free consultation and case evaluation so you can learn more about the assistance available in your situation.