Georgia injury law
Damages You Can Recover in Georgia
Medical costs, lost income, future care, pain and suffering, and in some cases punitive damages.
Georgia allows recovery of special damages including past and future medical expenses, lost wages and lost earning capacity, and general damages for physical pain, mental suffering, disfigurement and loss of enjoyment of life. Georgia does not cap non-economic damages in ordinary negligence cases. Punitive damages are available where conduct shows willful misconduct or conscious indifference, and the usual 250,000 cap does not apply where the defendant was under the influence. In wrongful death, Georgia measures the full value of the life of the deceased, both economic and intangible, without deducting the deceased's personal expenses.
Georgia at a glance
- Deadline
- Two years from the date of the crash for personal injury and wrongful death claims (O.C.G.A. 9-3-33). Property damage claims get four years. Claims against a city, county, or the state carry ante litem notice deadlines as short as six months.
- Fault rule
- Modified comparative negligence with a 50% bar (O.C.G.A. 51-12-33). You can recover as long as you are less than 50% at fault, but your award is reduced by your share of the blame.
- Min. coverage
- $25,000 per person / $50,000 per accident bodily injury and $25,000 property damage. Georgia does not require uninsured motorist coverage, but insurers must offer it in writing.
More Georgia law
Related rules
- Dealing With Insurance AdjustersYou are not required to give a recorded statement to the other driver's insurer.
- Georgia Comparative NegligenceRecover only if you are less than 50% at fault, with your award reduced by your share.
- Georgia Insurance Minimums & UM Coverage25,000 per person minimum, which is why uninsured motorist coverage often decides recovery.
- Georgia Statute of LimitationsYou generally have two years from the date of the crash to file suit in Georgia.
- How Fault Is Actually ProvenPhysical evidence and data beat conflicting driver statements every time.
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