Georgia Personal Injury Law

The following summary of Georgia personal injury laws and case overviews will help you understand important aspects of injury claims in this state

Georgia Statute of Limitations:

• Personal Injury: 2 years; 4 years for loss of consortium claims.


• Medical Malpractice: 2 years for medical malpractice; 1 year for discovery of a foreign object; up to a 5 year maximum for all med mal claims


• Product Liability: 2 years

Caps on Personal Injury Awards in Georgia:

There is a personal injury cap of $250,000 for punitive damages.

Georgia Serious Injury Threshold:

There is no monetary threshold in the state of Georgia.

Georgia is a fault state and follows the modified comparative fault-50% theory. Therefore, if a plaintiff is less than 50% at fault, he or she will still be able to recover.

Personal Injury Cases & Theories of Liability Georgia:

Medical Malpractice Claims: These occur when a doctor or medical professional does not do thier job to an accepted professional standard. If it can be shown that other professionals would have made similar decisions, the case will be very difficult to prove.

Wrongful Death Case: When a victim dies due to the negligence of another, regardless of age, the negligent party will be liable to their estate provided the decedent is less than 50% at fault.

Slip and Fall Accident: These accidents typically occur in establishments that are open to the public. They occur because of dangerous conditions that are either not fixed or repaired or that are left unnoticed by property owners for want of reasonable inspections. In each scenario, the property owner is liable to the injured party for their damages.

Auto Accident Claim: Each driver owes those on the road as well as pedestrians the duty to operate a motor vehicle in a safe manner. When they do not they can be responsible for the damages to the plaintiff unless the plaintiff is also at fault. If the plaintiff is more than 50% at fault, it will be a bar to recovery.

Product Liability Lawsuit: Consumers assume that products are safe when they purchase, use and consume them. If however, a consumer is injured as a result of a defective product, manufacturers, designers and distributers can all be held strictly liable.

Workers' Compensation Law: Georgia requires all employers to carry valid workers compensation insurance in the event that employees are injured in the scope of employment. This insurance will cover such things as medical expenses and settlements.

For More Information Check out these sites:

Georgia State Government Website

Georgia State Bar Association