Accidents & Injuries in Georgia

Georgia Code Section 9-3-33 provides a two-year statute of limitations for personal injury claims. If your claim is against a municipality, OCGA 36-33-5 requires an ante litem notice within six months of the incident. For claims against state agencies, the notice period is generally 12 months under OCGA 50-21-26. Missing these government notice requirements can bar your claim entirely.

Georgia Code Section 51-12-33 uses modified comparative fault with a 50% bar. If you are less than 50% at fault, you can recover damages reduced by your percentage of fault. If you are 50% or more at fault, you are completely barred from recovery. Georgia uses apportionment of fault among all parties, including settling defendants and non-parties.

Georgia does not currently cap compensatory damages in most personal injury cases. A prior cap on medical malpractice non-economic damages was struck down by the Georgia Supreme Court. Government entity claims may be subject to sovereign immunity limits. Punitive damages in Georgia may be available in cases of intentional misconduct or fraud.

No. Georgia is a traditional tort state. The driver at fault bears responsibility for compensating injured parties through their liability insurance. Georgia does not require mandatory personal injury protection (PIP) coverage, though uninsured/underinsured motorist coverage is important to carry.