Personal Injury Mediation in Georgia
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Georgia, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
2 years
Filing Deadline
$15,000 – $70,000
Avg Settlement
How Mediation Works in Georgia
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Georgia. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (50% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Georgia Injury Law Overview
Georgia applies modified comparative fault with a 50% bar, creating a narrow window where a plaintiff who is equally at fault with a defendant is completely barred from recovery. The statute of limitations is 2 years, with tolling available for minor plaintiffs. Georgia is not a no-fault state, so all recovery flows through the at-fault party's liability insurance. Atlanta and other urban centers generate significant personal injury litigation, particularly involving auto accidents, premises liability at commercial properties, and trucking accidents on Georgia's major interstate corridors. Georgia caps punitive damages at $250,000 in most cases under O.C.G.A. § 51-12-5.1, except in product liability and DUI cases where uncapped exemplary damages may be available. Medical malpractice cases require an expert affidavit at filing. Georgia courts apply modified comparative fault analysis to both negligence and strict liability product claims.