The question of whether punitive damages are available when a drunk driver causes a death in Georgia has a layered answer. It depends not on how serious the misconduct was, but on which legal claim is being pursued. Georgia recognizes two distinct claims that can follow a fatal collision, and punitive damages are treated differently in each.
What Punitive Damages Are
Punitive damages are not meant to compensate a family for a loss. Their purpose, under O.C.G.A. § 51-12-5.1, is to punish, penalize, or deter a defendant. Compensatory damages address the harm suffered; punitive damages address the wrongful conduct itself.
Georgia law sets a demanding standard. Punitive damages may be awarded only when it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. Clear and convincing evidence is a higher standard of proof than the ordinary preponderance standard used for most civil claims.
Punitive Damages Are Not Available in the Wrongful Death Claim Itself
Georgia’s wrongful death statutes, found in Chapter 4 of Title 51, allow recovery for the full value of the life of the decedent. Those statutes do not mention or authorize punitive damages. Georgia courts have consistently held that, because the wrongful death statutes do not provide for punitive damages, punitive damages cannot be recovered as part of a wrongful death claim. This is true regardless of how egregious the at-fault driver’s conduct was.
This means that the claim brought by a surviving spouse, children, or parents for the value of the decedent’s life cannot include a punitive damages component.
Punitive Damages May Be Available Through the Survival Claim
The wrongful death claim is not the only claim that can arise from a fatal collision. A separate estate, or survival, claim belongs to the decedent’s estate and is pursued by the personal representative. Under Georgia’s survival principles, including O.C.G.A. § 9-2-41, the personal injury claim that the decedent could have brought had the decedent survived does not abate at death; it passes to the estate.
Because the survival claim is, in substance, the decedent’s own personal injury claim, it can include the same categories of damages the decedent could have sought while living. That includes punitive damages where the conduct meets the statutory standard. As a result, in a case involving a drunk driver, a punitive damages claim is generally pursued through the estate’s survival action rather than through the wrongful death claim.
Why Drunk Driving Often Supports a Punitive Claim
Driving while impaired is conduct that Georgia courts have frequently found capable of supporting punitive damages, because choosing to drive after becoming intoxicated can demonstrate the conscious indifference to consequences that the statute describes. Whether punitive damages are actually awarded in any given case still depends on the evidence presented and the conclusion of the finder of fact. The presence of alcohol alone does not guarantee a punitive award; the evidence must satisfy the clear and convincing standard.
The DUI Exception to the Punitive Damages Cap
Georgia generally caps punitive damages in non-product-liability tort cases at $250,000 under O.C.G.A. § 51-12-5.1. The statute, however, contains an exception. When the defendant acted while under the influence of alcohol, or of drugs other than lawfully prescribed medication taken as directed, to the degree that judgment was substantially impaired, there is no statutory limit on the amount of punitive damages that may be awarded against an active tort-feasor. The same no-cap treatment applies when the defendant acted with the specific intent to cause harm.
This exception is significant in fatal drunk driving cases pursued through a survival claim, because it removes the standard ceiling that would otherwise apply.
Allocation of Punitive Awards
O.C.G.A. § 51-12-5.1 also addresses where punitive damages go. A provision requiring that 75 percent of a punitive award be paid into the state treasury applies to product liability cases. That allocation rule is tied to the product liability subsection and does not apply to the uncapped DUI category, where the punitive award is treated under the general rules.
Summary
Punitive damages cannot be recovered as part of a Georgia wrongful death claim, because the wrongful death statutes do not authorize them. They may, however, be available through the separate survival claim brought by the decedent’s estate, which carries forward the decedent’s own personal injury claim. In drunk driving cases, the conduct often supports a punitive claim, the clear and convincing evidence standard still applies, and the standard $250,000 cap does not limit punitive damages where impairment is established.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.