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Georgia Personal Injury Law — Quick Reference

Georgia personal injury claims share a small number of high-impact rules that affect almost every case. Whether you were hurt in a car accident on I-285 in Atlanta, a slip-and-fall at a Forsyth County grocery store, or a workplace injury at a Gwinnett warehouse, the same statutory framework controls how your claim is filed, who pays, and what you can recover.

The 2-Year Deadline (with Exceptions)

O.C.G.A. § 9-3-33 sets a 2-year statute of limitations for most personal injury actions in Georgia, running from the date of injury (or, for wrongful death, the date of death). Medical malpractice claims also follow a 2-year rule but with a 5-year overall limit. If a government vehicle or government property was involved, an ante-litem notice must be filed within 6 months (city/county) or 12 months (state) — long before the 2-year filing deadline.

Modified Comparative Negligence

Georgia uses a modified comparative-negligence rule (O.C.G.A. § 51-12-33). You can recover damages as long as you are found less than 50% at fault, but your recovery is reduced by your percentage of fault. Insurance adjusters work hard to shift even small percentages onto injury victims because every point reduces what they pay out.

Recoverable Damages

Georgia injury victims can recover past and future medical expenses, lost wages and reduced earning capacity, pain and suffering, mental anguish, and — when the at-fault conduct was reckless, intoxicated, or otherwise egregious — punitive damages. There is no statutory cap on most non-economic damages in Georgia personal injury cases.

Contingency Fees

Almost every Georgia personal injury attorney works on a contingency fee. You pay nothing upfront; the attorney is only paid a percentage of the recovery if you win or settle. The standard rate is 33⅓% pre-litigation and 40% if a lawsuit must be filed.

Find a Georgia Personal Injury Lawyer Near You

Atlanta Injury Help connects Georgia injury victims to Georgia-licensed attorneys based on case type, location, and severity. Every review is free and confidential. Call (855) 305-6824 or use our free 24/7 case review online.

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