If Your Georgia Case Was Dismissed Without Prejudice, Can You Refile, and How Long Do You Have?
Yes, if the first case was filed on time and was valid. Georgia's renewal statute, O.C.G.A. § 9-2-61(a), allows the case to be recommenced "within the…
Georgia personal injury law
Georgia Injury Law
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90 questionsWhat Special Liability Rules Apply to Commercial Truck Accidents in Georgia?
Three sets of rules shape truck cases: federal safety regulations that measure the driver's and carrier's conduct, the motor carrier's liability for its driver, and Georgia's…
Who Is Liable When a Staffing Agency Worker Is Injured in Georgia?
Workers' compensation pays, and when those benefits are provided, neither the staffing agency nor the client business can be sued in tort. O.C.G.A. § 34-9-11(c) extends…
How Is Pain and Suffering Valued in a Georgia Injury Case, and What Changed in 2025?
The jury values it, with no formula: O.C.G.A. § 9-10-184(b) describes "the measure of such damages being the enlightened conscience of an impartial jury". What changed…
How Do Medical Liens Affect Your Georgia Injury Settlement?
A valid Georgia medical lien is paid out of the injury claim before you receive your share, but only if the provider followed the statute. Under…
What Is Georgia’s Statute of Repose for Product Liability, and How Does It Interact With the Filing Deadline?
Georgia bars a strict product liability action "after ten years from the date of the first sale for use or consumption" of the product (O.C.G.A. §…
What Happens If the Defective Product Is Lost or Destroyed in a Georgia Case?
The case can continue, but whoever lost the product may face a spoliation sanction if they had a duty to preserve it at the time. For…
How Is the Workers’ Comp Lien Calculated Against a Third-Party Settlement in Georgia?
In two steps. First, the lien's ceiling: the employer or insurer's lien may "not ... exceed the actual amount of compensation paid", limited to disability benefits,…
How Does Uninsured Motorist Coverage and Stacking Work in Georgia?
Georgia uninsured motorist (UM) coverage pays your damages when the at-fault driver has no insurance or not enough. By default it is "add-on" coverage: under O.C.G.A.…
How Does the Deceased Person’s Own Fault Affect a Georgia Wrongful Death Claim?
It can reduce the recovery or eliminate it. Georgia's apportionment statute reduces damages in proportion to the claimant's share of fault and bars any recovery when…
What Are Georgia’s Minimum Car Insurance Requirements, and Why Do They Matter?
Georgia's minimum limits are $25,000 for bodily injury to or death of one person, $50,000 for bodily injury to or death of two or more people…
How Do You Prove Future Medical Expenses in a Georgia Injury Case?
With evidence of the care the injury will require and of its reasonable value, and for claims arising on or after April 21, 2025, under a…
Can You Sue for a Workplace Injury in Georgia, or Only Get Workers’ Comp?
For an injury the workers' compensation act covers, you cannot sue your employer: workers' compensation rights "shall exclude and be in place of all other rights…
What Is Spoliation of Evidence, and What Happens If Evidence Is Destroyed in a Georgia Case?
Spoliation is the destruction or failure to preserve evidence relevant to a lawsuit by a party that had a duty to keep it. In Georgia that…
What Protects Minor Children’s Shares When a Surviving Spouse Settles a Georgia Wrongful Death Case?
Three things: a fixed division formula, the spouse's duty to hold the money and account for it, and the spouse's fiduciary duty to the children, which…
What Legal Theories Can You Use in a Georgia Product Liability Case?
A Georgia product claim can rest on three theories: strict liability against the manufacturer (O.C.G.A. § 51-1-11(b)), negligence against anyone whose careless conduct caused the injury,…
Can You Sue the Store, or Only the Manufacturer, for a Defective Product in Georgia?
For strict liability, only the manufacturer. O.C.G.A. § 51-1-11.1(b) says that in a claim based on strict liability, "a product seller is not a manufacturer ...…
What Is the Statute of Limitations for a Loss of Consortium Claim in Georgia?
Four years, in an ordinary injury case. O.C.G.A. § 9-3-33 sets two years for injuries to the person "except for actions for injuries to the person…
When Can You Recover Punitive Damages in Georgia, and Is There a Limit?
Georgia allows punitive damages only when clear and convincing evidence shows willful misconduct, malice, fraud, wantonness, oppression, or "that entire want of care which would raise…
How Long Do You Have to File a Personal Injury Claim in Georgia, and When Does the Clock Start?
Two years. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be "brought within two years after the right of action accrues", which in…
What Is an Ante Litem Notice, and Why Is It So Important in Georgia?
An ante litem notice is a written claim that Georgia law requires you to deliver to a city, county, or state government before you can sue…
How Does Health Insurance Affect Medical Damages in a Georgia Injury Case After the 2025 Reform?
For claims arising on or after April 21, 2025, if you have any public or private health insurance, the jury hears two numbers for your medical…
What Is the Statute of Limitations for Medical Malpractice in Georgia, and How Is It Different From a Regular Injury Claim?
A Georgia medical malpractice claim must be filed within two years after the injury or death occurred (O.C.G.A. § 9-3-71(a)), and never more than five years…
What Does Georgia’s SB 69 Do to Third-Party Litigation Funding?
Senate Bill 69, the "Georgia Courts Access and Consumer Protection Act", makes it unlawful to engage in litigation financing in Georgia without registering with the Department…
Manufacturing Defect, Design Defect, or Failure to Warn: What’s the Difference in Georgia?
A manufacturing defect is a unit that came out differently from the manufacturer's own design. A design defect is a problem with the design itself, judged…