Georgia Law FAQ
Answers to 45 of the most common questions about personal injury and criminal defense in Georgia. Every answer cites the relevant O.C.G.A. section where applicable. This is general information, not legal advice — speak with a Georgia-licensed attorney about your specific case.
Car Accidents
How long do I have to file a car accident lawsuit in Georgia?
Two years from the date of the accident (O.C.G.A. § 9-3-33). Property damage claims have four years. Wait too long and the court will dismiss your case no matter how strong it is.
Is Georgia a no-fault state?
No. Georgia is an “at-fault” state — the driver who caused the accident pays for damages through their liability insurance. You can sue the at-fault driver directly for any amount.
What is the minimum auto insurance required in Georgia?
$25,000 per person / $50,000 per accident for bodily injury, plus $25,000 for property damage (O.C.G.A. § 33-7-11). Most drivers carry more — and uninsured motorist coverage is strongly recommended.
What if the at-fault driver has no insurance?
Your own uninsured motorist (UM) coverage steps in to pay your damages. UM is offered with every Georgia auto policy unless you reject it in writing.
Should I give a recorded statement to the other driver’s insurance?
No. Their adjuster is paid to minimize what you receive. Politely decline and consult a Georgia personal injury attorney before saying anything that could be used to reduce your claim.
What if I was partly at fault for the accident?
You can still recover damages if you were less than 50% at fault, but your award is reduced by your fault percentage (O.C.G.A. § 51-12-33). At 50% or more, you recover nothing.
How long does a Georgia car accident case take?
Most cases settle in 6–18 months. Cases that go to trial can take 2–3 years. Complex injuries, disputed liability, and busy court dockets all add time.
What damages can I recover after a Georgia car accident?
Medical bills (past and future), lost wages, lost earning capacity, pain and suffering, property damage, and in egregious cases (DUI, hit-and-run) punitive damages under O.C.G.A. § 51-12-5.1.
Slip & Fall and Premises Liability
Can I sue a store if I slip and fall in Georgia?
Yes, if the store knew or should have known about the hazard and failed to fix or warn about it. Georgia property owners owe “invitees” a duty of ordinary care (O.C.G.A. § 51-3-1).
How long do I have to file a slip-and-fall claim in Georgia?
Two years from the date of injury (O.C.G.A. § 9-3-33). Notify the property owner in writing as soon as possible to preserve evidence.
What if I was not paying attention when I fell?
You may still recover if you were less than 50% at fault, but your damages are reduced by your share of fault (modified comparative negligence).
Do “wet floor” signs protect a Georgia store from liability?
Not automatically. Whether a warning sign is adequate depends on visibility, placement, and timing. Courts look at whether a reasonable customer would have seen and understood the warning.
What if I fall at an Atlanta apartment complex?
The landlord can be liable if they failed to maintain common areas, inspect for hazards, or remedy dangerous conditions. Apartment cases often involve security and lighting failures.
Workers’ Compensation
Do I need to report a Georgia work injury to my employer?
Yes. Report the injury to your employer within 30 days to preserve your workers’ comp claim (O.C.G.A. § 34-9-80). Reporting later can result in denial.
How long do I have to file a workers’ comp claim in Georgia?
One year from the date of the injury to file a WC-14 with the State Board of Workers’ Compensation (O.C.G.A. § 34-9-82).
Can I sue my employer for my Georgia work injury?
Generally no — workers’ comp is your exclusive remedy. But you can sue third parties (contractors, equipment makers, other drivers) whose negligence caused the injury.
What benefits does Georgia workers’ comp pay?
Medical treatment, two-thirds of lost wages (up to a statutory cap), permanent partial disability, and in some cases vocational rehabilitation. Death benefits are also available.
What if my Georgia workers’ comp claim is denied?
You can request a hearing before an Administrative Law Judge with the State Board of Workers’ Compensation. An attorney experienced in Georgia WC appeals is highly recommended.
DUI
What is the legal BAC limit in Georgia?
0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21 (O.C.G.A. § 40-6-391). You can also be charged at lower BAC if your driving was impaired.
How long do I have to request a Georgia DUI ALS hearing?
Thirty days from the date of arrest (O.C.G.A. § 40-5-67.1). Miss this deadline and you lose your administrative challenge to the license suspension — even if you fight the criminal case.
Can I refuse a breath or blood test in Georgia?
Yes, but refusal triggers an automatic 1-year license suspension under implied consent (O.C.G.A. § 40-5-67.1). Refusal evidence may also be used against you in court.
Is a first-offense DUI a misdemeanor in Georgia?
Yes — first and second DUI within 10 years are misdemeanors. A third within 10 years is a “high and aggravated” misdemeanor, and a fourth is a felony.
Can I get a DUI expunged in Georgia?
No. Georgia DUI convictions cannot be expunged or restricted from your record. They remain on your driving history permanently and on your criminal record.
What is “Georgia Super Speeder” and how does it affect a DUI?
A Super Speeder fee (O.C.G.A. § 40-6-189) is a $200 surcharge for speeding 75+ mph on a two-lane road or 85+ mph anywhere. It’s separate from but often pairs with DUI charges.
Criminal Defense
What’s the difference between a misdemeanor and a felony in Georgia?
Misdemeanors carry up to 12 months in jail; felonies carry more than 12 months in prison. “High and aggravated” misdemeanors have enhanced penalties (up to 12 months and higher fines).
Do I have to talk to police if I’m arrested in Georgia?
No. You have the right to remain silent under both the U.S. and Georgia Constitutions. Politely state you want a lawyer and stop answering questions until one is present.
How long after arrest must Georgia hold a first appearance?
Within 72 hours if you remain in custody, or 48 hours if arrested without a warrant. The judge sets bond, advises you of charges, and confirms your right to counsel.
Can I get a Georgia criminal record sealed or restricted?
Some charges can be restricted under O.C.G.A. § 35-3-37 — typically dismissed, nolle prossed, or acquitted cases. Most convictions cannot be sealed; consult an attorney for your specific situation.
What is a Georgia “First Offender” plea?
Under O.C.G.A. § 42-8-60, certain first-time offenders can complete probation without a conviction on their record. Violating probation, however, can result in maximum sentencing.
Truck Accidents
Are Georgia truck accident cases different from car accidents?
Yes. Trucking companies are subject to federal regulations (FMCSA), carry much higher insurance limits, and create more evidence (black box, logbooks, dashcam) — but they fight harder.
How long do I have to sue a trucking company in Georgia?
The same 2-year personal injury statute of limitations applies, but evidence preservation should start immediately. Send a spoliation letter within days of the crash.
Who can be liable in a Georgia 18-wheeler accident?
The truck driver, the trucking company, the truck owner, the cargo loader, the maintenance contractor, and (in defective product cases) the manufacturer. Multiple defendants often mean multiple insurance policies.
Medical Malpractice
How long do I have to file a Georgia medical malpractice case?
Two years from the injury (O.C.G.A. § 9-3-71), but no later than five years from the negligent act (the statute of repose). Discovery rules can extend the deadline in limited cases.
Do I need an expert witness for a Georgia medical malpractice case?
Yes. Georgia requires an expert affidavit attached to the complaint at filing (O.C.G.A. § 9-11-9.1). The expert must be qualified in the same specialty as the defendant doctor.
Is there a cap on damages in Georgia medical malpractice?
The Georgia Supreme Court struck down the non-economic damages cap in 2010 (Atlanta Oculoplastic Surgery v. Nestlehutt). Punitive damages remain capped at $250,000 in most cases.
Wrongful Death
Who can file a Georgia wrongful death claim?
The surviving spouse first, then the children, then the parents, then the estate (O.C.G.A. § 51-4-2). Georgia law calls this the “full value of the life of the decedent” claim.
What damages are available in a Georgia wrongful death case?
The “full value of the life” — economic value plus the intangible value to the decedent. The estate can also recover medical bills, funeral expenses, and conscious pain and suffering before death.
Insurance and Claims
Do I have to use my own health insurance after a Georgia accident?
Often yes, to keep your medical care moving. Your health insurer may have a subrogation right against your settlement, which a Georgia personal injury attorney can negotiate down.
Will my Georgia auto insurance premium go up if I file a UM claim?
It legally shouldn’t — UM exists for this reason and the accident wasn’t your fault. If your insurer raises your rate, you can complain to the Georgia Insurance Commissioner.
What is “bad faith” by a Georgia insurance company?
When an insurer unreasonably refuses to pay or delays a valid claim. Georgia has a statutory bad-faith remedy (O.C.G.A. § 33-4-6) — up to 50% of the claim plus attorney’s fees.
General Personal Injury Process
How much does a Georgia personal injury attorney cost?
Most Georgia PI lawyers work on contingency — typically 33% of the recovery if settled, 40% if the case goes to trial. You pay nothing if you don’t recover.
Should I post about my Georgia accident on social media?
No. Insurers and defense lawyers scour social media for posts that can be used to argue your injuries aren’t as serious as claimed. Keep accounts private and stop posting until your case ends.
How is pain and suffering calculated in Georgia?
There’s no fixed formula. Georgia juries consider the severity of injury, length of treatment, permanent effects, and impact on daily life. Some attorneys use the “multiplier” or “per diem” method for negotiation.
What is a “policy limits” demand in Georgia?
A formal demand for the at-fault driver’s full insurance policy limits. If the insurer unreasonably refuses, they may face bad-faith exposure beyond the policy under Holt v. State Farm.
Will my Georgia personal injury settlement be taxed?
Generally no for physical injury compensation under IRC § 104(a)(2). But punitive damages and interest on settlements are taxable. Consult a tax professional for your specific situation.
