Filing a Personal Injury Lawsuit in Georgia: What Happens, Step by Step

Step 1: Choosing the court

Injury cases can be filed in State Court or Superior Court. Under O.C.G.A. § 15-7-4, State Courts hear civil cases "without regard to the amount in controversy," except cases reserved to Superior Court such as land title, divorce, and equity. Not every county has a State Court. In this area, Jackson, Barrow, Hall, Clarke, and Gwinnett counties do; Banks, Madison, Oconee, Franklin, Hart, Oglethorpe, and Walton counties do not, so injury suits there go to Superior Court.

The choice matters partly because of jury size. A Superior Court civil jury has 12 members. A State Court jury has 6, and a party can demand 12 only if the claim is over $50,000, in writing, before the trial term begins (O.C.G.A. § 15-12-122).

Step 2: Choosing the county (venue)

Georgia's general rule is that a case is tried in the county where the defendant lives. When defendants who are jointly responsible live in different counties, the suit can be brought in any county where one of them lives (O.C.G.A. § 9-10-31). A corporation can be sued where it keeps its registered office, and in an injury case also in the county where the injury happened if it has an office and does business there, though it can sometimes move the case to its principal place of business (O.C.G.A. § 14-2-510).

Step 3: The complaint and service

Your lawyer files a complaint describing what happened, who is responsible, and the damages you're seeking. Each defendant must then be formally served. Service matters: a suit filed on time but not served properly can create limitations problems. Under Georgia's 2025 changes, the case should be ready when it's filed, because the window to dismiss and refile is now short (see Step 6).

Step 4: The answer, or a motion to dismiss

• The defendant must serve an answer within 30 days after service (O.C.G.A. § 9-11-12(a)), or 60 days if it agreed to waive formal service.
• If no answer is filed, the case goes into default automatically. The defendant can open the default as a matter of right within 15 days by filing defenses and paying costs (O.C.G.A. § 9-11-55). After that, opening it requires a court finding.
• Since April 2025, if a defendant files a motion to dismiss before answering, discovery is stayed until the court rules. The court "shall decide" the motion within 90 days after briefing closes (O.C.G.A. § 9-11-12(j)). In practice, the insurance company hires the defense lawyer and pays for the defense.

Step 5: Discovery

Discovery is where both sides gather evidence from each other: written questions (interrogatories), document requests, and depositions, which are sworn interviews recorded by a court reporter. Expect to answer questions about the crash, your injuries, your medical history, and your work. Your lawyer will prepare you before your deposition.

Uniform Superior Court Rule 5.1 sets a period of six months after the answer to complete discovery using the court's power to compel it. Courts can "open, extend, reopen or shorten" that time, and injury cases with ongoing treatment or expert witnesses are often extended. Expect discovery to take several months at minimum.

Step 6: The 2025 dismissal rule

Before April 2025, a plaintiff could dismiss a case without prejudice almost up to trial and refile it later. Now a plaintiff can dismiss by notice only "before the sixtieth day following the date the opposing party serves an answer" (O.C.G.A. § 9-11-41(a)). After that it takes a stipulation of all parties or a court order. Georgia's renewal statute (O.C.G.A. § 9-2-61) still allows a dismissed case to be refiled within the original limitations period or six months after dismissal, whichever is later, but if the limitations period has run, renewal can be used only once.

Step 7: Mediation

Mediation is a meeting with a neutral mediator who works with both sides to try to reach a settlement. Under the Georgia Supreme Court's ADR Rules, a court may order the parties to attend, but the order must say that attending doesn't require settling: "any settlement is entirely voluntary." Many injury cases settle at or shortly after mediation. If yours doesn't, you lose none of your trial rights.

Step 8: Offers of settlement and interest

• Under O.C.G.A. § 9-11-68, either side may serve a formal written offer to settle a tort claim, more than 30 days after service of the complaint and at least 30 days before trial. It stays open 30 days.
• If a defendant's offer is rejected and the plaintiff's final judgment is less than 75% of the offer, the defendant can recover its reasonable attorney's fees and expenses from the date of rejection. If a plaintiff's offer is rejected and the judgment is more than 125% of the offer, the plaintiff can recover fees from that date.
• Separately, under O.C.G.A. § 51-12-14, if you send a written demand saying it's made under that section, and the judgment is at least what you demanded, interest at the prime rate plus 3% runs from the 30th day after the demand.
• These tools put real pressure on both sides to evaluate the case honestly, which is one reason most suits settle.

Step 9: Trial

If the case doesn't settle, it's tried to a jury. Since 2025, any party can demand that fault be tried first and damages only if a defendant is found at fault (O.C.G.A. § 51-12-15), and lawyers may suggest a dollar figure for pain and suffering only after the evidence closes (O.C.G.A. § 9-10-184). Our 2025 tort reform guide explains both. After a verdict, a judgment earns interest at the prime rate plus 3% (O.C.G.A. § 7-4-12), and either side may appeal.

Key lawsuit timeframes

Frequently Asked Questions