⚠️ Georgia Warning: Georgia has a strict 50% bar rule. If you are 50% or more at fault, you recover nothing. This is stricter than Texas and most other states.
Georgia Personal Injury Claims: Understanding the 50% Bar
For authoritative Georgia legal information, reference Georgia Courts and O.C.G.A. Georgia Code. The State Bar of Georgia provides additional resources for understanding personal injury claims.
Georgia personal injury law features one of the stricter comparative negligence rules in the country. The 50% bar means any finding of equal fault bars your recovery entirely. Understanding this rule and fighting fault arguments is essential for Georgia accident victims.
Georgia 50% Comparative Fault Bar
Under O.C.G.A. Section 51-12-33, if you are found 50% or more at fault, you recover nothing. At 49% fault, you recover 51% of your damages. Insurance companies aggressively argue plaintiff fault in Georgia because reaching the 50% bar eliminates their liability entirely.
Georgia Statute of Limitations
- Personal injury: 2 years from date of injury
- Property damage: 4 years from date of damage
- Wrongful death: 2 years from date of death
- Medical malpractice: 2 years with 5-year statute of repose
- Government claims: Ante litem notice required within 6-12 months
Fulton County and Metro Atlanta
Fulton County (Atlanta) tends to have plaintiff-friendly juries compared to rural Georgia counties. If your accident occurred in Metro Atlanta, you may benefit from the more favorable jury pool. Venue selection can significantly impact case value.
Georgia Damage Categories
- Special damages: Medical bills, lost wages, property damage
- General damages: Pain and suffering, emotional distress, disability
- Punitive damages: Available for willful misconduct (capped at $250,000 in most cases)
- Wrongful death: Full value of life including earnings and intangible losses
Georgia Insurance Requirements
Georgia requires minimum coverage of 25/50/25. Uninsured motorist coverage must be offered but can be rejected in writing. Given Georgia high uninsured driver rate, UM coverage provides critical protection.
Protecting Your Georgia Claim
- Document fault evidence immediately—Georgia 50% rule makes this critical
- Get police report documenting other party violations
- Seek immediate medical treatment
- Do not give statements to opposing insurance
- Consult Georgia attorney before fault arguments build against you
ℹ️ Georgia Injury Help: Quick Claim connects you with attorneys who fight Georgia 50% bar arguments. Free consultation: (773) 839-6086.