Georgia at a glance
Georgia allows two years to sue for injuries to the person.[1] Notice deadlines for government claims are shorter or different: six months for cities,[2] 12 months for counties[3] and 12 months for the state.[4] A plaintiff 50% or more responsible cannot recover.[5] Punitive damages are generally capped at $250,000.[6]
Filing deadlines
O.C.G.A. § 9-3-33
Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues
Source: [1]
The same section allows four years for actions for injuries to the person involving loss of consortium.[1]
Cities: O.C.G.A. § 36-33-5
Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment
Source: [2]
Counties: O.C.G.A. § 36-11-1
All claims against counties must be presented within 12 months after they accrue or become payable or the same are barred
Source: [3]
The state: O.C.G.A. § 50-21-26
Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered
Source: [4]
Shared fault
O.C.G.A. § 51-12-33(g)
the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.
Source: [5]
Below 50%, “the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.”[5] Georgia’s bar is one point stricter than states that bar recovery only above 50%.
Damage caps
For most torts, O.C.G.A. § 51-12-5.1 limits punitive damages to “a maximum of $250,000.00.” There is no limit in product liability cases, or against an active tortfeasor who acted with specific intent to cause harm or while under the influence of alcohol or drugs.[6]
Auto insurance requirements
Georgia defines proof of financial responsibility by reference to O.C.G.A. § 33-7-11(a)(1)(A),[7] which sets limits of not less than $25,000 for bodily injury to or death of one person, $50,000 for two or more people and $25,000 for property damage.[8]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- O.C.G.A. § 9-3-33. Justia. https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-33/
- O.C.G.A. § 36-33-5. Justia. https://law.justia.com/codes/georgia/title-36/chapter-33/section-36-33-5/
- O.C.G.A. § 36-11-1. Justia. https://law.justia.com/codes/georgia/title-36/chapter-11/section-36-11-1/
- O.C.G.A. § 50-21-26. Justia. https://law.justia.com/codes/georgia/title-50/chapter-21/article-2/section-50-21-26/
- O.C.G.A. § 51-12-33. Justia. https://law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/
- O.C.G.A. § 51-12-5.1. Justia. https://law.justia.com/codes/georgia/title-51/chapter-12/article-1/section-51-12-5-1/
- O.C.G.A. § 40-9-2. Justia. https://law.justia.com/codes/georgia/title-40/chapter-9/article-1/section-40-9-2/
- O.C.G.A. § 33-7-11. Justia. https://law.justia.com/codes/georgia/title-33/chapter-7/section-33-7-11/
Sources last checked: October 11, 2026
