Can I sue a drunk driver for punitive damages in Georgia?

Yes. Under O.C.G.A. § 51-12-5.1, driving under the influence constitutes willful misconduct or conscious indifference to consequences, which qualifies for punitive damages. Georgia removes the $250,000 cap on punitive damages in DUI cases.

Can I sue the bar or restaurant that served the drunk driver?

Yes, under Georgia's Dram Shop Act (O.C.G.A. § 51-1-40). If a licensed establishment served alcohol to a person who was noticeably intoxicated and that person then caused an accident, the establishment can be held liable alongside the driver.

How long do I have to file a lawsuit after a DUI accident in Georgia?

Two years from the date of the accident under O.C.G.A. § 9-3-33. Wrongful death claims also have a two-year statute of limitations. Do not wait — critical evidence including the driver's blood alcohol records can become unavailable over time.

What if the drunk driver has no insurance or limited coverage?

Your own uninsured/underinsured motorist (UM/UIM) coverage may apply. Additionally, dram shop claims against the serving establishment, employer liability if the driver was on the job, and other third-party theories can provide additional recovery sources.

Personal Injury

Personal Injury Attorney in Gainesville, FL

If you were injured in Gainesville, you need a lawyer who treats your case like it is the only one on his desk. Mark D. Link has practiced personal injury law for over 32 years, has recovered more than $71 million for injury victims, and personally handles every case his firm accepts, including cases in Alachua County, including I-75 and the roads around the University of Florida.

Personal Injury Cases We Handle in Gainesville

Car Wreck: full and fair compensation for victims and their families. Learn more

Truck Accidents: full and fair compensation for victims and their families. Learn more

Motorcycle Accidents: full and fair compensation for victims and their families. Learn more

DUI Accident Victims: full and fair compensation for victims and their families. Learn more

Slip and Fall: full and fair compensation for victims and their families. Learn more

Wrongful Death: full and fair compensation for victims and their families. Learn more

Results That Insurance Companies Know

Mark Link’s results include a $40 million verdict in a car wreck case, an $11 million recovery in a truck accident case, a $10 million recovery in a motorcycle case, and a $7.5 million recovery in a catastrophic injury case. Insurers keep files on lawyers. They know who settles cheap and who tries cases, and they price offers accordingly.

What To Do After an Accident in Gainesville

Get medical care right away, even if you feel fine; some serious injuries take days to show symptoms. Call the police so there is an official report. Photograph the vehicles, the scene, and your injuries. Exchange information, but do not give a recorded statement to any insurance company before you talk to a lawyer. Then call us. Consultations are free, and there is no fee unless we win your case.

Deadlines matter. Most Georgia personal injury claims must be filed within two years, and Florida negligence claims now carry a two year deadline as well under HB 837. Claims involving government vehicles or property can have far shorter notice periods. Waiting costs evidence and, sometimes, the claim itself.

Serving Gainesville and Alachua County

Mark Link Law represents injury victims throughout Alachua County and across Georgia and Florida. Mark Link is licensed in Georgia, Florida, and Alabama, and every consultation is with the lawyer who will actually handle your case, not a case manager. Call 833-LINK-LAW any time for a free consultation.

Injured in Gainesville?

Talk directly to Mark Link about your Gainesville case. Free consultation, and no fee unless we win.

Call 833-LINK-LAW Free Consultation →

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. Reading this article does not create an attorney-client relationship. Contact our office for advice specific to your situation.