Back matter

Final Takeaways

1 min read1 page
  • Georgia's modified comparative negligence rule under O.C.G.A. § 51-12-33 bars recovery fully once a claimant is found fifty percent or more at fault, which is why an early fault argument from an insurance adjuster matters more than it sounds.
  • A police report carries weight with an adjuster before litigation starts, but much of it's inadmissible at trial, so photographs, witness statements, and medical records have to fill the gap.
  • Commercial truck cases move on a faster evidence clock than car cases, and a trucking company's defense team is often investigating the scene before an injured driver has hired anyone.
  • Georgia places no statutory cap on non-economic damages in personal injury and wrongful death cases, a rule that traces directly to the Georgia Supreme Court's 2010 decision in Nestlehutt.
  • A medical malpractice case in Georgia can't be filed without a signed expert affidavit under O.C.G.A. § 9-11-9.1, and it requires proof of both a breach of the standard of care and that the breach caused the harm.
  • Consultations are free and cases are handled on contingency, so there's no financial barrier to finding out where a potential claim stands.
FREE LEGAL GUIDE

Keep the whole book

Every chapter is free to read here. Download the PDF to keep the complete guide offline.

Download the Free PDF