Personal Injury in Georgia

Georgia personal injury attorneys commonly charge 33.33% contingency fees for pre-litigation settlements and 40% for cases that proceed to trial. The state follows a modified comparative negligence system with a 50% bar — a plaintiff who is 50% or more at fault is completely barred from recovery. Georgia has a two-year statute of limitations for most personal injury claims and a four-year statute for property damage. The state does not cap non-economic damages in most personal injury cases, though medical malpractice previously had caps that were struck down as unconstitutional in 2010. Georgia has unique "apportionment" rules under OCGA 51-12-33 allowing juries to assign fault percentages to all parties, including non-parties. Uninsured and underinsured motorist coverage is optional in Georgia (unlike many states), making UM/UIM claims a significant area of practice. Georgia also has a "gentlemen's agreement" culture in rural courts that can affect case strategy and settlement dynamics.