Georgia's personal injury laws provide important protections for accident victims, but they also contain rules and deadlines that can trip up the unwary. If you have been injured in an accident in Georgia, understanding these laws is essential to ensuring that you receive the compensation you deserve.
Modified Comparative Negligence
Like South Carolina, Georgia follows a modified comparative negligence system (O.C.G.A. section 51-12-33). Under this rule, your compensation is reduced by your percentage of fault, and you are barred from recovery if you are found to be 50 percent or more at fault. This is commonly known as the 49 percent bar, meaning you can recover as long as your fault does not reach 50 percent.
This system is more favorable to plaintiffs than North Carolina's contributory negligence rule but less generous than a pure comparative negligence system. It places a premium on establishing that the defendant bears the majority of the fault for the accident.
Statute of Limitations
Georgia has a two-year statute of limitations for personal injury claims (O.C.G.A. section 9-3-33). This is shorter than the three-year deadline in North Carolina and South Carolina, making it especially important for Georgia accident victims to take prompt action. The two-year clock generally begins to run on the date of the injury. For wrongful death claims, the deadline is also two years from the date of death.
Damage Caps
Georgia does not impose caps on compensatory damages in personal injury cases. However, the state has specific rules regarding punitive damages. Punitive damages are generally capped at $250,000 (O.C.G.A. section 51-12-5.1), but this cap does not apply in cases involving product liability, specific intent to cause harm, or cases where the defendant was under the influence of drugs or alcohol.
Auto Insurance Requirements
Georgia requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. Georgia does not require uninsured motorist coverage, but it is highly recommended.
Medical Malpractice Affidavit Requirement
Georgia law requires that medical malpractice complaints be accompanied by an expert affidavit from a qualified medical expert who has reviewed the case and determined that the standard of care was breached (O.C.G.A. section 9-11-9.1). Failure to include this affidavit can result in dismissal of the case.
Apportionment of Fault
Georgia allows defendants to apportion fault to non-parties, meaning that a defendant can argue that someone who is not a party to the lawsuit shares responsibility for the accident. This can complicate cases where multiple parties may have contributed to the injury and underscores the importance of identifying all potentially liable parties early in the process.
Contact Dr. Ted Injury Law
Our Georgia office, led by David Kim, handles personal injury cases throughout the state. If you have been injured in Georgia, contact us at (800) 555-HURT for a free consultation.