If you suffered an injury because of a drunk driver, there are options for compensation that go beyond the claim against the driver alone. Knowing your options can help you pursue the full compensation you deserve.
Understanding dram shop liability
Georgia law allows you to seek damages from the bar, restaurant or other business that knowingly served alcohol to a person who was noticeably intoxicated or underage, knowing that person would soon be driving. This statute exists to ensure commercial vendors prioritize public safety and face consequences for their role in a preventable crash.
Calculating your economic losses
Economic damages cover the out-of-pocket costs tied to your injuries. These are the losses you can assign a dollar amount to and can include:
- Medical bills for emergency care, surgery, hospital stays, rehab and medications
- Lost wages from time you missed at work while recovering
- Reduced earning power if your injuries limit your ability to work going forward
- Property damage, such as the cost to fix or replace your vehicle
Because many of these costs accumulate over months or years, an accurate calculation must account for future medical and professional needs to avoid accepting a settlement that falls short of your true lifetime losses.
Addressing the personal toll of your injuries
Noneconomic damages account for the ways the collision has affected your well-being and quality of life and cover:
- Physical pain and ongoing suffering
- Emotional distress and mental anguish
- Loss of enjoyment of hobbies and daily activities
Placing a value on these losses is not as simple as adding up bills or receipts. Recovery journals, psychological evaluations and statements from family members can help show how the crash has affected your daily life beyond what medical records capture.
Seeking punitive damages
A business may face punitive damages if the evidence shows willful misconduct or a clear disregard for the safety of others. Serving a patron who is visibly stumbling or slurring and who says they plan to drive could support this kind of claim, though the burden of proof is high.
Georgia law generally caps punitive damages at $250,000 in most injury cases. That cap does not apply, however, when the person who caused harm was driving under the influence of alcohol. This means the drunk driver may face uncapped punitive exposure, while the standard cap would still apply to the business.
Meeting filing deadlines
You generally have two years to file a personal injury claim, and dram shop cases follow the same rule. The deadline usually starts on the date of the accident. If you miss this window, you may lose your right to file at all.
Given the strict filing deadline and your other recovery demands, working with an attorney can make the process easier to navigate. They can also help collect time-sensitive evidence, such as surveillance footage, witness statements and bar receipts, that will be necessary to demonstrate the establishment’s potential liability.