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Personal Injury Law in Georgia

Over 10 million people call Georgia home – so it’s no surprise that personal injuries frequently occur in Georgia. Our family of Georgia Personal Injury Lawyers can help you or a loved one navigate the law of personal injury in Georgia. Understanding the local Georgia laws and statutes is critical to the success of winning your case. If you have been involved in a personal injury in Georgia, here is some basic information you should know. 

Fault in Georgia Personal Injury Cases

Georgia is refereed to as a “modified comparative fault state.” This means that a party that is injured by another’s negligence can recover compensation so long as the were less that 50% at fault. If the injured party was more that 50% responsible for their injury, Georgia law provides that the are not entitled to recover compensation. As Georgia Personal Injury Lawyers, we know that the deciding whether or not to file a personal injury lawsuit is a difficult decision. However, when an offer from an insurance company does little to cover the costs of medical expenses and compensate you fairly for the pain and suffering you have endured, sometimes a lawsuit is the only option.

When you first meet with your personal injury lawyer, we will do over all of the facts of your case and discuss your matter in depth. When we have these initial conversations with personal injury clients, the focus is often on fault, as Georgia law may preclude you from recovering if you are predominately at fault for your injury. These conversations can be difficult, but keeping an objective view of the law and facts of your particular case is vital to success.

Many people are familiar with the terms “at fault” and “no fault” – but there is confusion about just what this means. While these seem simple and black and white, many people incorrectly assume that this means that there can be absolutely no recovery if you had any role in causing the personal injury accident. In Georgia, this is not true since it is a modified comparative fault state. What this means is that, so long as you are not more than half responsible for the personal injury, you can still recover. For example, a Judge or Jury may find that you were more than 50% at fault because you were texting and drivin

Modified Comparative Fault also affects the way in which damages are calculated in Georgia. The law will reduce your award by the amount you were at fault – assuming you were less than 50% responsible. For example, if your damages are $250,000, and you were found to be 20% at fault for the personal injury, your award would be reduced by $50,000. So, under Georgia law, while you can lose some compensation for being at fault, the reduction may still result in damages that far exceed what the insurance company has offered you. This is why it is so important to speak to a qualified Georgia Personal Injury before engaging in any settlement discussions with a negligent party or their insurance company.

Do I Need to File a Lawsuit for my Georgia Personal Injury Case

Since Georgia is an at fault state, the first place to try to resolve a case is by going to the liable party. This often means working with their insurance company to try to settle the case. This allows many Georgia Personal Injury cases to be settled outside of Court. However, in our personal injury practice, we occasionally see clients whose injuries are so severe and someone else is clearly at fault that insurance settlements simply won’t cut it. While only approximately 5% of personal injury cases in America go to trial, our family of Georgia Personal Injury Lawyers remains trial ready at all times. Many times, a lawsuit will need to be filed while negotiations are ongoing to protect the Statute of Limitation and to preserve the claim. While the road to trial can seem slow and unsatisfying, the time between filing and trial is vital in gathering evidence and organizing the case. The lawyers at Sawan & Sawan have a stellar litigation track record – and much of that is due to the level of diligence and organization they exhibit in every single case.

Statutes of Limitation in Georgia

In Georgia, every civil claim (including personal injury claims) are governed by a State of Limitations. The Statute affixes certain time periods in which you must bring a lawsuit – or risk losing the right to do so forever. According to Georgia Code Section 9-3-33“Actions for injuries to the person shall be brought within two years after the right of action accrues.” This time clock usually begins to run on the date of your personal injury, but it is very important to talk to a Georgia Personal Injury lawyer if you have any question about your specific case. In some circumstances, our team of Georgia Personal Injury lawyer may be able to extend this timeframe. Always remember that missing this statute of limitation deadline often means a Court will refuse to hear the case at all – so it’s best to get to a personal injury lawyer early and often after begin hurt by the negligence of another. 

Caps on Damages in Georgia

Many states in America have laws limiting how much an injured victim can obtain from a negligent party. However, Georgia Personal Injury is unique. In 2010, a landmark Georgia Supreme Court case determined that the non-economic damage caps contained in OCGA §51-13-1 violated a injured parties right to a trial by jury. In this opinion, the Georgia Supreme Court effectively struck down limitations on damages in the State of Georgia – providing welcome relief to 1,000’s of Georgians injured by negligence every year.


Dennis P. Sawan


Licensed in Ohio and Georgia


Christopher A. Sawan


Licensed in Ohio and Michigan

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At Sawan & Sawan, we offer free initial consultations. We represent clients in Ohio, Georgia, and Michigan. From our family to yours.

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