The basics of an Atlanta DUI accident insurance claim and a generic Atlanta personal injury case are virtually the same when a drunk driver factored into the equation. To the extent that there is a difference this legal article by the Georgia Accident Lawyer will attempt to address those issues.
But, they all start off the same. One person is just driving down the road and boom. There is an accident, and you were involved. You didn’t even see them coming and had no opportunity to avoid the car accident. Or you saw them making a dumb driving decision, but you could not avoid being hit by the other driver. Does this sound familiar? So now, you are looking to find a personal injury lawyer for a car accident to help you get the compensation you deserve. OK, well how is this case different than other personal injury car accident cases?
Importance of Police Report in DUI Personal Injury Cases
Boy, are these important in a personal injury drunk driving case. This may be almost all of the proof you need to help your case. Perhaps, the guy hires a great lawyer and gets him off of the criminal trial, but that does not change the fact that he was charged with a DUI at the scene of the accident. It does not change the fact that he blew over the limit or was declared a less safe driver. We will cover below why it is important to have this as help with your case.
Who would you tend to believe, someone drinking or someone who has not been drinking or doing drugs?
This is what the jury will have to think about as well in a drunk driving personal injury case in Georgia. The facts are the same if the accident is in Atlanta, Jonesboro, Stockbridge, Decatur, Marietta, Marietta, McDonough, Griffin, Jackson, Monticello or Macon. Note, the order of the cities above are in order of the level of difficulty in obtaining a favorable verdict at a criminal trial. So, the reverse is true for the personal injury case.
A case in Griffin might have slightly lower overall verdict or settlement compared to Atlanta or Jonesboro, but the likelihood that the person who was drinking was charged and convicted of the DUI is also higher in the cities. So, in a strange way the inverse relationship of the lower verdict to the higher likelihood of getting a DUI personal injury claim in the first place.
Well, why would you necessarily want the driver to be charged with a DUI? After all, you are all ready hurt, your car is already damaged, why would you care? The answer deals with liability and punitive damages in Georgia personal injury cases with a drunk driver.
Liability Concerns in an Atlanta DUI Injury Lawsuit
Credibility is always a key for a good settlement or great trial verdict. Credibility of people and parties are key. If one person ids drunk then that person is less credible. This is your advantage in a case like this. Also, is they were drunk or kind of drunk, it seems quite plausible that they are the one that caused the wreck. They were drunk after all. They must have been the one that did what ever it was that caused the accident in the first place. That is how my brain works, at least.
Punitive Damages in a Georgia Drunk Driving Vehicle Accident
This is the big reason why a drunk driving cse in Georgia is better that not having one at all. Punitive damages are a possiblity. Just because the driver was drinking does not automatically entitle you to punitive damages. I could site you several cases that prove just that. However, I could also show you several more cases that the plaintiff got a huge verdict on small damages just because the jury wanted to punish the bad guy. I can show you several more cases that challenge and fail to challenge the amount of the jury’s punitive damage award in Georgia. This is why a DUI charge on the at fault driver can help to expedite the settlement negotiations and give you additional confidence in the value of your case.
If you or a family member needs a drunk driving accident lawyer in Atlanta, Marietta DUI injury attorney, Decatur drunk driver legal representation, Jonesboro or Stockbridge personal injury attorney, McDonough, Jackson or Griffin DUI accident lawyer, or one in Monticello, Georgia, then call my personal injury law office today at 770-775-0938.
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By: Georgia Attorney, Joseph P. McClelland