Modified Comparative Negligence (50% Bar)
Georgia follows modified comparative negligence with a 50% bar (OCGA § 51-12-33). Plaintiff can recover only if less than 50% at fault. If plaintiff is 50% or more at fault, they are barred from recovering any damages. Total compensation reduced by plaintiff's percentage of fault.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Georgia follows modified comparative negligence with a 50% bar (OCGA § 51-12-33). Plaintiff can recover only if less than 50% at fault. If plaintiff is 50% or more at fault, they are barred from recovering any damages. Total compensation reduced by plaintiff's percentage of fault.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.
Punitive damage cap does not apply in product liability cases. State government liability capped at $1M per person and $3M per incident
$0
Based on reported cases in Georgia
90,443
Personal injury lawsuits per year
Georgia courts have produced important personal injury precedents. The landmark Atlanta Oculoplastic Surgery v. Nestlehutt (2010) case established significant precedents regarding expert testimony requirements in medical malpractice cases, affecting how these cases are litigated statewide.
Georgia has seen substantial verdicts in trucking accident cases along I-75 and I-85, major commercial corridors. A 2017 case resulted in a $40 million verdict against a trucking company for a crash caused by a fatigued driver, reflecting Georgia's active trucking litigation landscape.
The state has been a venue for significant product liability litigation, including cases against automotive manufacturers for defective vehicles. Georgia's modified comparative negligence system with a 50% bar requires careful case presentation to avoid fault allocation that would bar recovery.
Medical malpractice cases in Georgia, particularly in Fulton County (Atlanta), have produced notable verdicts. Birth injury cases have exceeded $25 million in some instances. Georgia's 2005 tort reform law imposed caps on non-economic damages, but these were struck down as unconstitutional in 2010, restoring full recovery potential.
Georgia personal injury cases are filed in Superior Courts, the state's general jurisdiction trial courts. Georgia has 159 counties, each with a Superior Court, though many circuits combine smaller counties. Fulton County (Atlanta) and DeKalb County handle substantial civil litigation volumes.
Georgia follows the Civil Practice Act (O.C.G.A. Title 9), which governs procedure in civil cases. Discovery includes interrogatories, depositions, requests for production, and requests for admission. Courts use pretrial orders and conferences to manage cases toward trial.
The state requires an affidavit of an expert in medical malpractice cases, which must be filed with the complaint. This affidavit must contain opinions that the standard of care was breached and caused injury. The requirement has been a significant gatekeeping mechanism.
Georgia courts use Alternative Dispute Resolution (ADR) programs, and many circuits require mediation before trial. The Atlanta judicial circuit has specific business and complex litigation divisions. Case timing varies—Fulton County cases may take 2-4 years to trial, while some rural circuits are faster.
Georgia attorneys are licensed by the State Bar of Georgia under the Georgia Supreme Court. For personal injury cases, look for attorneys experienced with Georgia's 50% modified comparative negligence rule and apportionment procedures under O.C.G.A. § 51-12-33.
The Georgia Trial Lawyers Association (GTLA) is the state's leading organization for plaintiff attorneys. GTLA members typically have strong trial experience and stay current on Georgia personal injury law developments. Ask potential attorneys about their GTLA involvement.
Georgia's apportionment statute allows defendants to apportion fault to non-parties, making case strategy particularly important. Experienced Georgia attorneys know how to protect against fault allocation to phantom defendants and maximize client recovery.
Georgia's diverse population, especially in metro Atlanta, means attorneys are available in many languages including Spanish, Korean, and Vietnamese. Contingency fees typically range from 33-40%, and the State Bar regulates fee agreements.
Georgia's statute of limitations for personal injury cases is 2 years from the date of injury under O.C.G.A. § 9-3-33. This applies to most negligence claims including automobile accidents and premises liability. The deadline is strictly enforced.
Medical malpractice claims also have a 2-year statute of limitations with a 5-year statute of repose under O.C.G.A. § 9-3-71. The discovery rule may delay the start in cases where injuries weren't immediately apparent, but the 5-year outer limit generally applies.
Claims against Georgia governmental entities under the Georgia Tort Claims Act require ante litem notice within 12 months of the incident. Strict compliance with notice requirements is essential. Minors have until 2 years after reaching age 18 to file most personal injury claims, but claims against the state have different rules for minors.
This calculator provides estimates only and is not legal advice. Laws in Georgia are complex and individual case results vary. Consult a licensed Georgia attorney for advice specific to your case.