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Two years to File
O.C.G.A. § 9-3-33
Modified comparative negligence (50% bar)
Georgia's fault rule
Contingency Representation
Injury cases on contingency
Brain Injury Cases in Georgia
Traumatic brain injuries range from concussions with lasting effects to severe TBIs that permanently alter personality, cognition, and the ability to work and live independently. Because TBI symptoms can take time to manifest and are often invisible to the outside world, insurance companies routinely minimize these claims. Our attorneys work with neurologists, neuropsychologists, and life care planners to document the full scope of your injury and pursue compensation that reflects its lifelong impact.
Our attorneys are licensed in Georgia and handle brain injury cases for clients across the state, in Atlanta, Columbus, Augusta, Savannah, and Macon, and everywhere in between. There is no attorney fee unless we secure a recovery, and the rules below are the ones that will shape your Georgia claim from the first phone call.
The Georgia Filing Deadline
Most Georgia personal injury lawsuits must be filed within two years of the date of injury under O.C.G.A. § 9-3-33. Limited tolling exists, for example, while a related traffic prosecution is pending, but no one should plan a claim around an exception.
Fault in Georgia: Modified comparative negligence (50% bar)
Georgia applies modified comparative negligence under O.C.G.A. § 51-12-33. If you are less than 50% at fault, you can still recover, with your damages reduced in proportion to your share of fault; at 50% or more, recovery is barred. Fault allocation, witness statements, reconstruction, and how the account is presented to the adjuster are therefore central to most Georgia injury claims.
Wrongful Death Claims in Georgia
Georgia wrongful death law centers on the 'full value of the life of the decedent' (O.C.G.A. § 51-4-2), both the economic value of the life and its intangible value, measured from the decedent's perspective and generally without deducting living expenses. Claims typically belong to the surviving spouse, children, or parents, ordinarily within two years, and a separate estate claim can recover medical and funeral expenses and pre-death suffering.
Claims Against Georgia Government Entities
Georgia requires ante litem notice before suing a government: generally six months for claims against a city (O.C.G.A. § 36-33-5) and twelve months for claims against the State under the Georgia Tort Claims Act (O.C.G.A. § 50-21-26), each with strict content requirements. A defective notice can end an otherwise strong case, so government-defendant claims need counsel immediately.
Georgia Brain Injury Cases FAQ
How long do I have to file a brain injury claim in Georgia?
Most Georgia personal injury lawsuits must be filed within two years of the date of injury under O.C.G.A. § 9-3-33. Limited tolling exists, for example, while a related traffic prosecution is pending, but no one should plan a claim around an exception. Claims against Georgia government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my brain injury in Georgia?
Georgia applies modified comparative negligence under O.C.G.A. § 51-12-33. If you are less than 50% at fault, you can still recover, with your damages reduced in proportion to your share of fault; at 50% or more, recovery is barred. Fault allocation, witness statements, reconstruction, and how the account is presented to the adjuster are therefore central to most Georgia injury claims.
What does it cost to hire a brain injury lawyer for a Georgia case?
Nothing up front. We handle injury cases on a contingency fee: the consultation is free, we advance case expenses, and you owe no attorney fee unless we recover for you.
Can a Hoover, Alabama firm handle my Georgia case?
Yes. Our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent Georgia clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under Georgia's.
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.