Understanding Personal Injury Laws in Georgia

Statute of Limitations For Personal Injury Cases in Georgia

All civil lawsuits filed in Georgia’s courts must comply with a statute of limitations. Under Georgia Code section 9-3-33, actions for personal injury cases must be filed within two years after the accident occurred. Typically, the clock begins to tick on the date of the accident.

The court will most likely refuse to hear your complaint after the two-year deadline has passed, and you will forfeit your right to compensation. However, the submission deadline could be extended or reduced under specific conditions.

For instance, the deadlines for submitting claims against government agencies, such as city, county, state, and federal agencies, are shorter than the typical deadlines. A claim against a Georgia county must be filed within 12 months, and a claim against a city must be filed within 6 months. Suits against the state must also be filed within two years and preceded by a special form indicating an intention to sue.

The Georgia statutes of limitations are strict, so it’s critical that you seek the advice of an experienced Georgia personal injury attorney before taking legal action.

Comparative Fault Under Georgia Law

Sometimes, when you attempt to file a lawsuit or insurance claim after sustaining an injury, the other person’s insurance company may assert that you were responsible for the accident. This law is particularly commonly used during car accident settlements in Georgia.

The modified comparative fault rule in Georgia lessens or eliminates damages if you are determined to be partially or primarily responsible for an accident. Here’s an example to help you understand:

• You were involved in a car accident with a motorist that disregarded a red light. You were driving above the speed limit by 10 miles per hour at the time. It has been found that the other driver was 90% at fault for the collision, while you were 10% at fault.
• The modified comparative fault rule in Georgia reduces your damages by an amount equal to your percentage of fault. If your damages total $10,000, you will receive $9,000, or $10,000 minus $1,000, to account for your 10 percent share of fault.

Note that you will not be able to collect any compensation if you are 50% or more at fault for the accident.

Courts in Georgia must apply the comparative fault rule to cases involving injuries in which both parties share responsibility. Nevertheless, you should not be surprised if this issue arises during injury settlement negotiations with an insurance adjuster or the party.

Damage Caps in Personal Injury Cases in Georgia

In some states, damages for personal injuries are limited. These statutes limit the compensation a victim can obtain for specific types of losses or in particular circumstances.

In 2010, The Georgia Supreme Court determined that damage limitation laws violate Georgia’s constitutional right to a free and fair jury trial. As a result, there are no limits on the compensation a personal injury plaintiff can collect in Georgia’s courts.

However, judges have the discretion to reduce excessive awards in some instances.