Georgia Personal Injury Laws

Georgia applies the discovery rule narrowly. In limited circumstances such as toxic exposure or latent injury, the clock may not start until the plaintiff knew or should have known of the injury.

The statute of limitations is tolled until the minor turns 18, at which point the standard 2-year limitations period begins to run.

Wrongful death actions must be filed within 2 years of the date of death.

Claims for property damage have a longer 4-year statute of limitations from the date of the damage.

Georgia does not cap compensatory damages (economic or non-economic) in general personal injury cases.

Punitive damages are generally capped at $250,000. No cap applies if the defendant acted with specific intent to harm or was under the influence of drugs or alcohol. 75% of punitive damage awards go to the state treasury.

Filing fees for civil complaints in Georgia Superior Courts vary by county, typically around $200–$230.

Cases are generally filed in the Superior Court of the county where the defendant resides or where the tortious act occurred.

Georgia's 2005 tort reform replaced joint and several liability with proportional apportionment. The trier of fact determines the percentage of fault of each party and nonparty. Each defendant is only liable for their proportional share of fault.

A wrongful death action is brought by the surviving spouse (or if none, the children; if none, the parents) to recover the full value of the life of the decedent.

Uninsured motorist (UM) coverage must be included in all auto liability policies unless the policyholder rejects it in writing.