Georgia Legal Terms Glossary

Plain-English definitions of 74 personal injury and criminal law terms used in Georgia courts. Each entry includes the relevant O.C.G.A. citation where applicable. Not legal advice — speak with a Georgia-licensed attorney for guidance on your specific case.

A

Affidavit
A written statement of facts confirmed by the oath of the person making it. Affidavits are commonly used in Georgia civil cases for summary judgment motions and discovery.
Arraignment
The court hearing where a criminal defendant is formally charged and enters a plea (guilty, not guilty, or no contest). In Georgia, arraignment must occur within a reasonable time after arrest.
Assumption of Risk
A defense in personal injury cases where the defendant claims the plaintiff voluntarily and knowingly accepted the danger that caused the injury. Georgia courts apply this narrowly.
Attorney’s Fees
Money paid to a lawyer for legal services. In Georgia personal injury cases, attorneys typically work on contingency (33–40% of recovery, paid only if you win).
At-Fault State
A state where the driver who caused an accident is financially responsible for resulting damages. Georgia is an at-fault state — the negligent driver’s insurance pays the victim.

B

Bench Warrant
A warrant issued by a judge (the “bench”) for the arrest of someone who failed to appear in court or violated a court order. Common in Georgia after missed traffic court dates.
Bodily Injury
Physical harm to a person’s body, including pain, illness, or impaired function. Bodily injury coverage in Georgia auto policies pays others injured in an accident you cause.
Breach of Duty
The second element of a negligence claim — proving the defendant failed to meet the standard of care owed to the plaintiff. Required in every Georgia personal injury case.
Burden of Proof
The obligation to prove a fact in a legal proceeding. In Georgia civil injury cases the burden is “preponderance of evidence”; in criminal cases it’s “beyond a reasonable doubt.”

C

Causation
Proof that the defendant’s actions actually caused the plaintiff’s injuries. Georgia requires both “cause in fact” and “proximate cause” in personal injury claims.
Catastrophic Injury
A severe injury causing permanent disability or long-term impairment — TBI, spinal cord injury, amputation, severe burns. Carries higher damage awards under Georgia law.
Civil Action
A lawsuit for money damages or other non-criminal relief. Personal injury cases in Georgia are civil actions filed in State or Superior Court.
Comparative Negligence
A doctrine reducing a plaintiff’s recovery by their percentage of fault. Georgia follows “modified comparative negligence” — you recover only if less than 50% at fault.
Compensatory Damages
Money awarded to make the plaintiff “whole” — covering medical bills, lost wages, pain and suffering, and property damage. Available in every Georgia personal injury case.
Complaint
The first document filed to start a lawsuit, stating what the plaintiff alleges and the relief sought. In Georgia, must be filed within the statute of limitations.
Contingency Fee
A payment arrangement where the attorney is paid only if the client wins, usually a percentage of the recovery. Standard for Georgia personal injury cases.
Contributory Negligence
An older doctrine barring any recovery if the plaintiff was at all at fault. Georgia rejected pure contributory negligence and uses modified comparative negligence instead.

D

Damages
Money awarded to compensate for loss or injury. Georgia recognizes economic (special) damages, non-economic (general) damages, and in some cases punitive damages.
Defendant
The party being sued in a civil case, or charged with a crime in a criminal case. In a Georgia car accident lawsuit, the at-fault driver is usually the defendant.
Deposition
Out-of-court sworn testimony taken before trial, recorded by a court reporter. Used in Georgia personal injury cases to lock in witness statements and gather evidence.
Discovery
The pretrial phase where each side exchanges evidence — depositions, interrogatories, document requests. Georgia discovery rules are in O.C.G.A. § 9-11-26 and following.
Diversion Program
An alternative to prosecution where eligible Georgia defendants complete a program (classes, community service) in exchange for the charge being dismissed.
DUI
Driving Under the Influence — operating a vehicle with a blood-alcohol content of 0.08% or higher (0.04% for commercial drivers, 0.02% for under-21). Defined in O.C.G.A. § 40-6-391.
Duty of Care
The legal obligation to act reasonably to avoid causing harm. Every driver in Georgia owes a duty of care to others on the road.

E

Economic Damages
Quantifiable financial losses — medical bills, lost wages, future earning capacity, property damage. Recoverable in full under Georgia law.
Expert Witness
A witness with specialized knowledge (medical, engineering, accident reconstruction) who can give opinion testimony. Required in most Georgia medical malpractice cases.

F

Felony
A serious crime punishable by imprisonment for more than one year in Georgia. Examples: aggravated assault, armed robbery, vehicular homicide.
First Appearance
A Georgia criminal defendant’s first court appearance after arrest, where the judge advises them of charges and sets bond. Must occur within 72 hours of arrest if held.

G

General Damages
Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Have no fixed dollar amount; the jury decides in Georgia injury cases.
Gross Negligence
Conduct that shows reckless disregard for the safety of others — more than ordinary carelessness. May support punitive damages under Georgia law.

H

Hearsay
An out-of-court statement offered to prove the truth of its content. Generally inadmissible in Georgia courts, with many exceptions in O.C.G.A. § 24-8-803 and § 24-8-804.
Hit and Run
Leaving the scene of an accident without exchanging information or rendering aid. A crime in Georgia under O.C.G.A. § 40-6-270; can be a felony if injury or death occurred.

I

Implied Consent
Georgia law deems every licensed driver to have consented to chemical testing for DUI when lawfully arrested. Refusal triggers a 1-year license suspension (O.C.G.A. § 40-5-67.1).
Indictment
A formal charge by a grand jury, required for felony prosecutions in Georgia. Indictments must be returned within the criminal statute of limitations.
Insurance Adjuster
The insurer’s representative who investigates a claim and offers a settlement. Their job is to settle low; never give a recorded statement before talking to an attorney.

J

Joint and Several Liability
A rule allowing a plaintiff to collect the full judgment from any one of multiple defendants. Georgia limited joint liability in 2005 — defendants now usually pay only their share.
Judgment
The final court decision in a lawsuit. In Georgia personal injury cases, the judgment may be a settlement order, jury verdict, or default judgment.
Jurisdiction
A court’s authority to hear a case. Georgia personal injury suits typically go to the county where the defendant lives or where the accident occurred.
Jury
A group of citizens who decide factual disputes in a trial. Georgia civil juries usually have 12 members in superior court and 6 in state court.

L

Liability
Legal responsibility for an act or omission. In Georgia personal injury cases, liability means the defendant is legally at fault for the plaintiff’s damages.
Liability Insurance
Insurance that pays for damages the policyholder causes to others. Georgia requires a minimum of $25,000 per person / $50,000 per accident / $25,000 property damage (O.C.G.A. § 33-7-11).
Lien
A claim against a settlement for unpaid medical bills, health insurance subrogation, or Medicaid. Georgia liens must be resolved before settlement funds are distributed.
Loss of Consortium
A spouse’s claim for loss of companionship and support due to the other spouse’s injury. Recognized in Georgia (O.C.G.A. § 51-1-9 and case law).

M

Medical Malpractice
A healthcare provider’s failure to meet the standard of care, causing injury. Georgia requires an expert affidavit at filing (O.C.G.A. § 9-11-9.1); 2-year SOL (§ 9-3-71).
Misdemeanor
A criminal offense punishable by up to 12 months in jail in Georgia. Common misdemeanors include simple assault, DUI (first offense), and shoplifting under $500.
Modified Comparative Negligence
Georgia’s rule (O.C.G.A. § 51-12-33): a plaintiff who is 50% or more at fault recovers nothing; otherwise damages are reduced by the plaintiff’s fault percentage.

N

Negligence
The failure to use reasonable care, causing harm to another. The basis of most Georgia personal injury claims — requires duty, breach, causation, and damages.
Negligence Per Se
Negligence established by violation of a statute meant to protect the plaintiff. Common in Georgia DUI and traffic-law cases — the violation itself proves negligence.
Non-Economic Damages
Damages for pain, suffering, emotional distress, and loss of enjoyment of life. No statutory cap on these in most Georgia injury cases.
Nolo Contendere
“No contest” — a plea where the defendant doesn’t admit guilt but accepts punishment. In Georgia, a nolo plea can sometimes avoid points on a driver’s license.

O

O.C.G.A.
Official Code of Georgia Annotated — the codified statutes of the State of Georgia. Citations look like “O.C.G.A. § 9-3-33” (the personal injury statute of limitations).

P

Pain and Suffering
Physical pain and emotional anguish caused by an injury. Georgia juries decide the amount; no fixed formula applies.
Plaintiff
The party who files a lawsuit. In Georgia personal injury cases, the injured person is the plaintiff.
Plea Bargain
An agreement where a Georgia criminal defendant pleads guilty to a lesser charge or for a reduced sentence in exchange for waiving trial.
Premises Liability
A property owner’s legal responsibility for injuries on their property. Georgia law (O.C.G.A. § 51-3-1) imposes a duty to keep premises safe for invitees.
Preponderance of Evidence
The civil burden of proof — proving something is more likely than not (greater than 50%). The standard in Georgia personal injury cases.
Probable Cause
A reasonable belief, based on facts, that a crime has been committed. Required for arrest and search warrants under Georgia and federal law.
Probation
A court-ordered period of supervised release in lieu of jail. Georgia probation can include drug testing, community service, fines, and DUI school.
Punitive Damages
Damages meant to punish willful or reckless conduct, beyond compensation. Georgia caps most punitive awards at $250,000 (O.C.G.A. § 51-12-5.1), with exceptions for DUI and product liability.

R

Reasonable Doubt
The criminal burden of proof — the prosecution must prove guilt to the point that no reasonable juror would doubt it. Higher than the civil “preponderance” standard.
Recklessness
Conscious disregard of a substantial and unjustifiable risk. Reckless conduct can support punitive damages in Georgia personal injury cases.
Restitution
Money a criminal defendant pays to the victim for losses caused by the crime. Georgia courts often order restitution as part of probation.

S

Settlement
A pre-trial agreement resolving a case for an agreed amount, usually in exchange for releasing all claims. Most Georgia personal injury cases settle without going to trial.
Statute of Limitations
The legal deadline to file a lawsuit. Georgia personal injury: 2 years (O.C.G.A. § 9-3-33). Property damage: 4 years. Medical malpractice: 2 years from injury, 5-year repose.
Strict Liability
Legal responsibility without proof of fault. In Georgia, applies to abnormally dangerous activities and (in some cases) defective products.
Subrogation
An insurer’s right to recover what it paid out by stepping into the insured’s shoes. Health insurers and Medicaid often subrogate against Georgia injury settlements.
Summons
The court notice telling a defendant they’ve been sued. Georgia requires service of summons and complaint on the defendant within a specified time.

T

Tort
A civil wrong (not arising from contract) causing harm to another. Personal injury claims in Georgia are tort claims governed by O.C.G.A. Title 51.
Trial
The formal court proceeding where evidence is presented to a judge or jury. In Georgia, most injury cases settle before trial; trials typically last 2–5 days.

U

Uninsured Motorist (UM) Coverage
Auto insurance that pays your damages when the at-fault driver has no insurance or fled the scene. UM coverage is offered with every Georgia auto policy unless rejected in writing.
Underinsured Motorist (UIM)
Coverage that pays when the at-fault driver’s insurance is too low to cover damages. Georgia uses “add-on” or “reduced-by” UIM depending on policy language.

V

Verdict
The jury’s formal decision on the issues at trial — liability and damages. Georgia juries decide both fault percentage and dollar amount in personal injury cases.

W

Workers’ Compensation
A no-fault insurance system covering work injuries in Georgia. Provides medical care and wage replacement (O.C.G.A. Title 34, Chapter 9); employees usually can’t sue their employer.
Wrongful Death
A claim by the family of someone killed by another’s negligence. Georgia’s Wrongful Death Act (O.C.G.A. § 51-4-1 and following) allows recovery of the “full value of the life.”