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GEORGIA

Negligence / Personal Injury
2 Years with Discovery Rule.
Wrongful Death
2 Years from date of death.
Medical Malpractice
2 Years from date of death or injury or 1 year from discovery of foreign object. No more than 5 years from act. Minors: 2 years from age 5 if action arose before 5th birthday.
Malpractice (Other Professions)
Products Liability
2 Years with Discovery Rule or 1 year from date of death. SOR: 10Years. Exceptions if product caused disease or birth defect or if defendant's conduct was willful or wanton or if there was a failure to warn.
Intentional Torts
1 Year
Fraud
If defendant fraudulently "defers or debars" plaintiff for bringing action, SOL accrues upon plaintiff's discovery of the fraud.
Municipal Liability/Sovereign Immunity
1 Year
Discovery Rule
SOL runs from when injury is, or should have been, discovered. See specific rules above for medical malpractice and products liability.
Comparative Negligence
Comparative negligence rule applies but if plaintiff is 50% or more responsible or where plaintiff by ordinary care could have avoided consequences of negligence, no recovery allowed. If plaintiff less than 50% at fault, recovery is reduced by plaintiff's percent of fault.
Charitable Immunity
Still applies.
Disabilities
Minors (18th birthday), incompetents, insane or imprisoned persons are granted the normal SOL after removal of disability. Medical Malpractice: Once minor attains 5 years, there is a 2 year maximum. Negligence: After age 10, action for negligent act that occurred before 5th birthday is barred.
Punitive Damages
Plaintiff must present clear and convincing evidence of malicious intent or willful or wanton conduct. Caps: No caps for product liability cases, where there is malicious intent, or involving conduct influenced by drugs or alcohol. Other torts caped at $250,000, but this limitation can be ignored if there is specific intent to cause harm. In products liability cases, 75% of punitive damage award is paid to the State.
No-Fault Insurance
None
Consumer Fraud Complaint

Georgia, Governor's Office of Consumer Affairs
http://consumer.georgia.gov

(404)651-8600
(800)869-1123 (toll-free in Georgia)

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Bonita Springs, Florida 34134
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