Home › Personal Injury Laws by State › Georgia Personal Injury Laws

Georgia generally requires most personal injury lawsuits based on negligence to be filed within two years after the claim accrues. Claims against governmental entities generally involve additional notice requirements and different periods, and different rules, accrual questions, exceptions, and tolling provisions may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Georgia attorney reviewing the facts can do that.

Georgia generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Georgia follows a modified comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, and recovery is generally barred when that person's fault is equal to or greater than the fault attributed to the opposing party or parties. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Georgia generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Insurers are also generally required to offer uninsured/underinsured motorist coverage, which a policyholder may reject in writing. The coverage available in any particular situation depends on the policies involved and current law.

Georgia does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit certain categories of damages in specific kinds of claims, including limits on punitive damages in many circumstances. Special rules also apply to certain claims and parties, including claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Georgia personal injury lawsuits may be filed in the state's superior courts or state courts, which handle civil matters depending on the county and the nature of the claim, with magistrate courts available for some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Georgia attorney can evaluate.

A licensed Georgia attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Georgia communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.