Hit by a Drunk Driver in Georgia: What You Need to Know About Settlements
At The Weinstein Firm, we stand for victims who have been injured by careless and reckless drivers. Our team focuses exclusively on personal injury cases, giving us the experience to fight insurance companies and hold at fault parties accountable. As an Atlanta car accident law firm, we work tirelessly to secure fair settlements that cover medical expenses, lost wages, and the pain and suffering our clients endure. Every injured person deserves strong legal representation, and we are committed to delivering results that make a difference.
Being hit by a drunk driver in Georgia can leave victims facing medical bills, lost wages, and long-term pain. Every personal injury case is different, but knowing how settlements work helps victims and their loved ones understand what fair compensation should look like.
The average personal injury settlement depends on injuries, insurance coverage, and other factors, and having an Atlanta car accident lawyer can make the difference between a low offer and the settlement you deserve.
Understanding Georgia Drunk Driving Laws
Georgia law sets clear rules for drivers who choose to drink and drive. Knowing these laws is important for anyone hit by a drunk driver and seeking a personal injury claim.
Georgia DUI Law and Legal Limits
Under O.C.G.A. § 40-6-391, it is illegal for an intoxicated driver to operate a car with a blood alcohol concentration of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, the limit is 0.02%. When an accident happens because of drunk driving, the at-fault driver can face criminal charges and civil liability.
Negligence Per Se in Drunk Driving Cases
In Georgia, violating DUI laws can be treated as negligence per se under O.C.G.A. § 51-1-6. This means the drunk driver is presumed responsible for the injuries they caused. For the injured person, this makes it easier to prove fault in a personal injury lawsuit.
At-Fault System in Georgia Car Accidents
Georgia follows an at-fault system for car accidents. The at-fault party, including a drunk driver, is legally responsible for covering damages. This includes medical expenses, lost wages, and pain and suffering. An insurance company representing the at-fault driver may attempt to settle for less, but an Atlanta car accident attorney can push for a fair settlement.
Additional Liability Under Dram Shop Law
Some cases involve more than one responsible party. Under O.C.G.A. § 51-1-40, a bar or restaurant that serves alcohol to an intoxicated driver who later causes an auto accident can also be held liable. This law helps injured victims pursue compensation from all liable parties when severe injuries, medical bills, and long-term suffering are involved.
Key Factors That Influence Settlement Amounts
Several key factors affect how much compensation an injured person may receive after being hit by a drunk driver in Georgia. Each case is different, but these elements often guide the settlement amount in personal injury cases.
Severity of Injuries
The seriousness of the injuries is the largest factor in a personal injury settlement. Minor injuries may lead to lower payouts covering basic medical bills. Severe injuries such as traumatic brain injury, spinal cord damage, or permanent injuries often result in higher settlement amounts. Catastrophic injuries that change a victim’s life increase the value of a personal injury claim.
Medical Expenses and Treatment Records
Medical bills are central to any injury claim. Hospital stays, surgeries, prescription costs, and physical therapy all add to the compensation owed. Keeping clear medical records helps prove the full cost of care. Ongoing treatment, rehabilitation, and future medical expenses also raise the settlement figure.
Lost Wages and Reduced Earning Capacity
A settlement includes payment for income lost while the injured person recovers. In serious cases, the injured victim may not be able to return to the same type of work. Reduced earning capacity or permanent loss of income makes the settlement higher.
Pain and Suffering
Compensation also covers the non-economic side of recovery. This includes physical pain, emotional distress, and loss of enjoyment of life. An insurance company may undervalue these damages, but they are a critical part of a fair settlement.
Liability of Other Parties
Sometimes more than one party shares responsibility for the accident. A bar or restaurant that overserved an intoxicated driver can be held liable under Georgia law. Identifying every responsible party ensures the injured person receives coverage for all monetary losses.
Insurance Company Involvement
Insurance coverage plays a major role in the final settlement. Policy limits often set the ceiling for compensation. Insurance companies may offer less than what victims deserve, which is why an Atlanta car accident lawyer is often needed to secure a fair offer.
What the “Average” Settlement Looks Like in Georgia
There is no single number that defines the average personal injury settlement after being hit by a drunk driver in Georgia. Settlement amounts depend on the facts of each case, but certain patterns are common.
Minor Injuries and Lower Settlements
When injuries are minor, the settlement usually covers medical expenses, lost wages, and limited pain and suffering. These cases may resolve faster but often involve smaller settlement amounts because the recovery period is shorter and medical bills are lower.
Severe Injuries and Higher Settlements
Cases involving traumatic brain injury, spinal cord damage, or other catastrophic injuries lead to higher settlements. These claims account for long-term medical care, permanent disabilities, and emotional distress. A personal injury lawyer can present medical records, witness statements, and expert testimony to prove the full impact of serious injuries.
Wrongful Death and Maximum Compensation
If a loved one dies after being hit by a drunk driver, the family may bring a wrongful death lawsuit under O.C.G.A. § 51-4-2. Settlements in these cases often include the lost income the victim would have earned, funeral expenses, and compensation for the loss of companionship. These settlements are usually among the highest in personal injury cases.
Other Factors That Shape Settlement Amounts
Insurance policy limits, the willingness of the insurance company to negotiate, and the presence of multiple liable parties all affect settlement size. The at-fault driver’s assets and coverage often determine the maximum payout. An Atlanta car accident attorney can identify every responsible party to increase the chance of receiving fair compensation.
The Legal Process After Being Hit by a Drunk Driver
The legal process in Georgia gives victims a path to seek compensation after being hit by a drunk driver. Each step is important to protect legal rights and secure a fair settlement.
Documenting the Accident Scene
Evidence collected at the accident scene can shape the outcome of a personal injury claim. Police reports, witness statements, and photos of the cars involved help prove the drunk driver was at fault. This documentation supports both insurance claims and personal injury lawsuits.
Seeking Medical Attention
Injured victims should see a doctor immediately, even if the injuries appear minor. Medical records provide proof of physical pain, medical expenses, and future treatment needs. Delaying care can hurt recovery and weaken a personal injury case.
Filing a Personal Injury Claim
The next step is filing a personal injury claim against the at-fault party. This claim asks for compensation for medical bills, lost wages, and pain and suffering. The insurance company for the intoxicated driver will review the claim, but may offer less than a fair settlement.
Negotiating With the Insurance Company
Most personal injury cases begin with settlement negotiations. Insurance companies often make a first offer that does not reflect the true value of the injuries. An experienced attorney can push back against low offers and work toward a settlement amount that covers both economic and non-economic losses.
Filing a Personal Injury Lawsuit
If the insurance company refuses to make a fair offer, the injured person can file a personal injury lawsuit in court. A lawsuit may include claims for medical expenses, emotional distress, and permanent injuries. The court process can lead to a higher settlement amount or a jury verdict.
Role of an Atlanta Car Accident Attorney
An Atlanta car accident lawyer manages each part of the legal process. This includes gathering evidence, negotiating with the insurance company, and representing the injured person in court. Having legal representation increases the chance of full compensation and helps victims focus on recovery.
Contact an Experienced Atlanta Car Accident Lawyer Today!
If you or a loved one has been hit by a drunk driver, our team at The Weinstein Firm is ready to fight for you. An experienced Atlanta car accident attorney from our firm can hold the at fault driver and other liable parties responsible. Do not settle for less than fair compensation.
Contact us at 770-HELP-NOW for a free case review today!
