Georgia Personal Injury Law: Essential Guide for Accident Victims

Georgia personal injury resources include Georgia Courts and the State Bar of Georgia lawyer directory. Georgia follows modified comparative fault under O.C.G.A. § 51-12-33.

Georgia personal injury law features a strict comparative negligence rule that can completely bar recovery. Understanding this framework is essential for any injury claim in Georgia. This guide explains the key legal principles, deadlines, and strategies for Georgia accident victims.

Georgia Statute of Limitations

O.C.G.A. Section 9-3-33 establishes a 2-year statute of limitations for most personal injury claims. Critical deadline variations include:

• Personal injury: 2 years from date of injury
• Wrongful death: 2 years from date of death
• Property damage: 4 years from date of damage
• Medical malpractice: 2 years from injury, with 5-year statute of repose
• Claims against government: Must file ante litem notice within 6-12 months

Georgia 50% Comparative Negligence Bar

Georgia follows modified comparative negligence under O.C.G.A. Section 51-12-33. This is stricter than Texas and most other states:

• If you are 49% or less at fault: You can recover damages, reduced by your fault percentage
• If you are 50% or more at fault: You are completely barred from any recovery
• Each defendant liable for their proportionate share
• Apportionment to non-parties allowed, reducing defendant responsibility

Damages in Georgia Injury Cases

• Special damages: Medical expenses, lost wages, property damage, future costs
• General damages: Pain and suffering, emotional distress, loss of enjoyment
• Punitive damages: Available for willful misconduct, capped at $250,000 in most cases
• Wrongful death: Full value of decedent life including earnings and intangible losses

Georgia Auto Insurance Requirements

Georgia mandates minimum coverage of 25/50/25. Understanding insurance layers is critical:

• Liability minimum: $25,000 per person / $50,000 per accident / $25,000 property
• Uninsured motorist coverage: Required unless rejected in writing
• Medical payments: Optional but recommended coverage
• Stacking: Multiple policies may be stacked in some circumstances

Protecting Your Georgia Injury Claim

1. Document the accident scene thoroughly with photos and video
2. Get police report number and all party information
3. Seek medical attention immediately to establish causation
4. Do not give statements to opposing insurance without attorney
5. Preserve all evidence including damaged property and clothing
6. Contact attorney before the 50% fault argument can be built against you