Damage lists mislead people. A Gwinnett County DUI accident supports different categories depending on whether the victim survived, and Georgia draws that line sharply.
Below, we explain what an injury claim recovers, what a death claim does not, and why both matter.
What a Gwinnett County DUI Accident Claim Recovers
First, the familiar categories apply. Medical expenses, future treatment, lost wages, diminished earning capacity, and pain and suffering all belong to an injured victim.
Impairment adds one more. O.C.G.A. § 51-12-5.1(f) lifts the $250,000 punitive cap when a defendant drove under the influence.
That exception carries real force. Our page on drunk driving liability explains who beyond the driver may answer for the same crash.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931What a Death Claim Does Not Include
Most people assume otherwise. Georgia measures wrongful death as the full value of the life, viewed from the decedent’s own perspective.
Survivor grief sits outside that measure. A widow’s anguish and a parent’s devastation, however real, are not what the statute compensates.
Punitive damages fall outside it too. Georgia bars them from the wrongful death claim itself, which surprises most families.
Why Both Claims Must Be Filed
Two separate actions exist. O.C.G.A. § 51-4-2 gives the family claim to a surviving spouse, then to children.
The estate brings the other one. O.C.G.A. § 51-4-5(b) covers funeral costs, medical bills, and what the decedent endured before dying.
Punitive exposure lives there. Consequently, a family that never opens an estate forfeits the uncapped punitive claim entirely.
Our page on the Georgia wrongful death claim walks through both. Still, the allocation between them deserves a lawyer before anyone signs a release.
Why a Checkpoint Case Is Not Your Case
Roadblocks follow rules. Supervisory personnel must decide to run one, rather than officers in the field.
Nothing about them is random. Officers stop every vehicle, which is precisely what separates a checkpoint from a random stop.
Three conditions finish the test. Delays must stay brief, signage must identify the checkpoint, and a trained officer must screen drivers.
Defects there sink prosecutions. So a suppressed breath test can end the criminal case while leaving your civil claim untouched.
Different burdens explain that gap. A jury needs a preponderance of the evidence, not proof beyond a reasonable doubt.
Talk to a Gwinnett County DUI Accident Lawyer
Shane Smith Law files the injury claim and opens the estate. Contact us for a free consultation.
