Key Takeaways
- Georgia personal-injury claims must be filed within two years of the date of injury under O.C.G.A. § 9-3-33; minors' claims are tolled until they reach majority.
- Georgia is a modified comparative negligence state (O.C.G.A. § 51-12-33) — you can recover if you are less than 50% at fault, with damages reduced by your share.
- According to the Centers for Disease Control and Prevention, unintentional injuries account for over 220,000 deaths annually in the U.S., with motor vehicle crashes among the leading causes.
- Damages in a Georgia personal-injury case include medical bills, lost income, future earning capacity, pain and suffering, and (in catastrophic cases) loss of enjoyment of life — there is no cap on most economic or non-economic damages.
Are you hurt from someone else’s carelessness or harmful behavior?
If your answer is yes, you should file a personal injury claim to get the money you deserve.
We often work with clients who want to know:
- What is the personal injury lawsuit process in Georgia?
- How is personal injury lawsuit process different from personal injury settlement process?
We will answer both of these questions below to help you get started.
Steps in the Personal Injury Lawsuit Process in Georgia
There are a few key steps in the personal injury lawsuit process in Georgia. Here are some common steps in personal injury cases:
- Gather evidence at the scene of the accident. Whether you have injuries from a car accident, slip and fall accident, or from a defective product, gather as much information as you can. Take photos at the scene of the accident and get names and contact information of witnesses.
- Seek medical attention. If you think you have any kind of injury, seek medical attention to assess your injuries. Under Georgia’s comparative fault law, the responsible party may argue that you are partly to blame for your injuries. You can also be responsible if your injuries worsen from not getting medical help right away.
- Hire a personal injury lawyer. They will help negotiate a settlement in your insurance claim. They can also take your case to trial if necessary.
- Seek compensation by filing an insurance claim. With the help of your lawyer, you may file an insurance claim to seek compensation. File a lawsuit if you don’t get a reasonable settlement or if insurance limits prevent you from getting full compensation.
- **File a lawsuit within **Georgia’s statute of limitations. Personal injury lawsuits must be filed within two years from the date of the injury. If you don’t file within two years, you will not get compensation.
- Attempt to get a settlement from the defendant. After you file a lawsuit, you can continue to negotiate a settlement with your lawyer’s help.
- Take your case to trial. If you don’t get a reasonable settlement, take your case to trial to seek damages for your losses.
Understanding the Difference Between a Settlement and Lawsuit Process
The only difference in the process is when the case goes to trial. Most personal injury plaintiffs first try to negotiate for a settlement. If a reasonable settlement is not offered, the court will determine the plaintiff’s damages.
Contact a Georgia Personal Injury Lawyer
Do you need help with a personal injury claim?
A Georgia personal injury attorney can help. Learn more about how much a car accident lawyer costs before reaching out.
Contact Georgia Auto Law for more information about filing a lawsuit.
Frequently Asked Questions
How does modified comparative negligence work in Georgia?
Under O.C.G.A. § 51-12-33, you can recover damages if you are less than 50% at fault; your recovery is reduced by your share of fault. At 50% or higher, you recover nothing. Insurance adjusters work to push your percentage above the bar.
Should I accept the insurance company’s first offer?
Almost never. First offers reliably underestimate medical-treatment trajectories, lost-income totals, and the value of pain and suffering. Settling before the full scope of injury is documented permanently waives those claims. According to the State Bar of Georgia, consulting an attorney before signing any release is the standard protective step.
How long do I have to file a personal-injury claim in Georgia?
Two years from the date of injury under O.C.G.A. § 9-3-33. For minors, the statute is tolled until they reach 18 — they then have until age 20 to file. Claims against governmental entities may carry shorter ante litem notice deadlines, sometimes as short as six months under O.C.G.A. § 36-33-5.
What damages can I recover?
Past and future medical expenses, lost income and future earning capacity, property damage, pain and suffering, mental anguish, and (in catastrophic or fatal cases) loss of enjoyment of life or wrongful-death damages. Georgia does not cap most economic or non-economic damages.
