What Is the “Tender” Requirement in a Georgia UM/UIM Case?
It is the rule that, before you can recover uninsured/underinsured motorist (UM) benefits from your own carrier in a lawsuit, you must exhaust the at-fault driver's…
Georgia personal injury law
Georgia Injury Law
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90 questionsDoes Georgia Still Have Joint and Several Liability?
Only in a narrow class of cases. For damages apportioned under O.C.G.A. § 51-12-33(b), each defendant's share "shall be the liability of each person against whom…
Invitee, Licensee, or Trespasser: How Does Your Status Affect a Georgia Premises Case?
It sets the duty the owner owed you. An invitee is owed "ordinary care in keeping the premises and approaches safe" (O.C.G.A. § 51-3-1). A licensee…
When Can You Sue Outside of Workers’ Comp in Georgia?
In four situations: a third party caused the injury; the employer or the work is outside the Workers' Compensation Act, as with an employer that "has…
How Do Structured Settlements Work in Georgia, and What Are the Rules?
A structured settlement resolves an injury claim with payments spread over time instead of one lump sum. In Georgia, two sets of rules apply. For a…
How Does the Statute of Limitations Toll for Minors and Legally Incompetent Plaintiffs in Georgia?
O.C.G.A. § 9-3-90 gives a person who was under 18 when a claim arose "the same time after he or she reaches the age of 18…
Can You File a Wrongful Death Lawsuit in Georgia After a Criminal Death?
Yes. Georgia's wrongful death statute covers deaths that result "from a crime" (O.C.G.A. § 51-4-1(2)), and the civil case does not wait for, or depend on,…
When Does Assumption of Risk Bar a Claim in Georgia?
When the defendant proves all three elements: "(1) actual knowledge of the danger; (2) understanding and appreciation of the risks associated with the danger; and (3)…
Who Can Sign the Expert Affidavit in a Georgia Malpractice Case?
The affidavit must come from an expert who would be allowed to testify under O.C.G.A. § 24-7-702. For a medical malpractice case, that means someone who,…
What Must You Prove in a Georgia Failure-to-Warn Claim?
That the manufacturer or seller had a duty to warn of a danger arising from the product's reasonable use, that it breached the duty, and that…
How Does the New Bifurcation Rule Under Georgia’s SB 68 Work?
In any action for bodily injury or wrongful death, any party may demand, in writing before the pretrial order is entered, that the jury decide fault…
Who Is Liable for Construction Site Injuries in Georgia?
It depends on whether the injured person was a construction worker or a visitor, and on each party's place in the contracting chain. A worker's own…
How Does Insurance Work After an Uber or Lyft Accident in Georgia?
It depends on what the driver was doing in the app at the moment of the crash. O.C.G.A. § 33-1-24 requires a transportation network company (TNC)…
What Happens to the Statute of Limitations When a Defendant Leaves Georgia?
On paper, the clock stops: O.C.G.A. § 9-3-94 says that if a defendant "removes from this state, the time of his absence from the state until…
What Is the “Two Schools of Thought” Doctrine in a Medical Malpractice Case?
It is a malpractice defense, stated by the Supreme Court of Pennsylvania in Jones v. Chidester (1992), that a physician is not negligent for choosing one…
What Are the Four Elements of a Negligence Claim in Georgia?
Duty, breach of that duty, causation, and damages. The Supreme Court of Georgia listed them in those words in SMG Construction Services, LLC v. Cook (2025),…
Can a Property Owner Be Liable for a Wrongful Death from a Crime on Their Property in Georgia?
Yes, but for a death from an attack on or after April 21, 2025, only under Georgia's negligent security statute, O.C.G.A. §§ 51-3-50 through 51-3-57, which…
Who Can Sue for Wrongful Death in Georgia When There Are No Close Survivors?
The administrator or executor of the estate. When no spouse, child, or parent has the right to sue, O.C.G.A. § 51-4-5(a) lets the estate's personal representative…
Where Can You Sue an Out-of-State Defendant in Georgia?
In a county with a connection to the claim. When jurisdiction rests on Georgia's long-arm statute, O.C.G.A. § 9-10-93 places venue "in any county wherein a…
Proximate Cause vs. But-For Causation in Georgia: What Is the Difference?
Georgia requires both. As the Court of Appeals put it in Reed v. Carolina Casualty Insurance Co. (2014), quoting the Supreme Court of Georgia, "a plaintiff…
What Is the Difference Between Ordinary and Gross Negligence in Georgia?
Ordinary negligence is the absence of the care "exercised by ordinarily prudent persons under the same or similar circumstances" (O.C.G.A. § 51-1-2). Gross negligence is the…
Is a Landlord Liable When You’re Injured in a Rental Building’s Common Area?
It can be, under the general premises statute rather than landlord-tenant law. The Supreme Court of Georgia held in Cham v. ECI Management Corp. (2021) that…
What Are the Workers’ Comp Insurer’s Subrogation Rights in Georgia?
Three rights, all from O.C.G.A. § 34-9-11.1: a lien on the worker's recovery from a negligent third party, collectible only if the worker is made whole;…
Can a Georgia Property Owner Be Liable When You’re Attacked by Someone Else on Their Property?
Yes, if the attack was foreseeable in the specific way Georgia's 2025 negligent security statute requires. For an attack on or after April 21, 2025, an…
How Are Damages Divided Among Multiple Defendants in Georgia?
By percentage of fault. Under O.C.G.A. § 51-12-33(b), after any reduction for the plaintiff's own fault, the jury apportions the award "among the person or persons…