Georgia law
Personal Injury Laws in Georgia.
Georgia follows a modified comparative fault system with a 50% bar — you can recover damages only if your fault is less than 50%. The general statute of limitations for personal injury is 2 years. Georgia is a fault-based auto insurance state with no PIP requirement. There are no caps on compensatory damages in general personal injury cases, but punitive damages are generally capped at $250,000.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury claims must be filed within 2 years of the date of injury.
Exceptions
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.
State law
Fault & Liability Rules
You can recover damages only if your fault is less than 50%. Your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you recover nothing. Each defendant is only liable for their proportional share of fault (joint and several liability was largely eliminated by 2005 tort reform).
State law
Damage Caps
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.
State law
Auto Insurance System
Georgia is a fault-based auto insurance state. The at-fault driver is responsible for damages. Minimum liability coverage is 25/50/25 ($25,000 per person, $50,000 per accident for bodily injury, $25,000 for property damage). Uninsured motorist coverage is mandatory unless rejected in writing. No PIP requirement.
State law
Filing Requirements
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.
State law
Key Georgia Statutes
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.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Georgia.
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