Appealing a Georgia Personal Injury Verdict
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A Georgia personal injury verdict that disappoints one side can be challenged in two stages: motions in the trial court that carry a 30-day deadline, and an appeal whose own 30-day clock restarts when those motions are decided. Two Court of Appeals decisions, AT Systems Southeast, Inc. v. Carnes and Barker v. Grier, show how those steps play out in injury cases.
Post-Trial Motions Come First
Motion for new trial. “All motions for new trial, except in extraordinary cases, shall be made within 30 days of the entry of the judgment on the verdict” (OCGA 5-5-40(a)). The court may also grant a new trial on its own motion within 30 days of entry of judgment (OCGA 5-5-40(h)), and on appeal “a party shall not be limited to the grounds urged in the motion or any amendment thereof” (OCGA 5-5-40(g)). Two statutes describe the trial judge’s power over a verdict. Under OCGA 5-5-20, when a verdict “is found contrary to evidence and the principles of justice and equity, the judge presiding may grant a new trial before another jury.” Under OCGA 5-5-21, the judge “may exercise a sound discretion in granting or refusing new trials in cases where the verdict may be decidedly and strongly against the weight of the evidence even though there may appear to be some slight evidence in favor of the finding.” The new trial provisions quoted here are in Title 5, Chapter 5 of the Code; OCGA 9-11-59, a section number in the Civil Practice Act, is reserved and prints no text.
Damages. The question of damages is ordinarily for the jury, and a court should not interfere unless the award is clearly so inadequate or so excessive as to be inconsistent with the preponderance of the evidence; if it is, the trial court may order a new trial on damages only, or condition a new trial on a party’s refusal to accept an amount the court sets (OCGA 51-12-12(a), (b)).
Judgment notwithstanding the verdict. A party may move for a directed verdict at the close of the evidence offered by an opponent or at the close of the case, and the court must direct the verdict when no material evidence conflicts and the evidence, with every reasonable deduction from it, demands a particular verdict (OCGA 9-11-50(a)). When a motion for a directed verdict made at the close of all the evidence is not granted, “the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion.” Then, “[n]ot later than 30 days after entry of judgment, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for a directed verdict,” and a motion for new trial may be joined with it (OCGA 9-11-50(b)). If an appellate court finds a directed verdict was erroneously denied, it may direct entry of judgment or order a new trial (OCGA 9-11-50(e)).
The Notice of Appeal and Its Deadline
Appeals may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below,” except as provided in OCGA 5-6-35 (OCGA 5-6-34(a)(1)(B)). “A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion” (OCGA 5-6-38(a)). An appellee “may institute cross appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant” (OCGA 5-6-38(a)).
An appeal from a final judgment brings up earlier rulings: all judgments, rulings, or orders “which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone” (OCGA 5-6-34(d)).
For example, imagine a judgment on a verdict entered on March 2, 2027.
| Step | Trigger | Deadline in this example |
|---|---|---|
| Motion for new trial or for judgment notwithstanding the verdict | Entry of judgment, March 2 | April 1, 2027 (30 days) |
| Notice of appeal if no motion is filed | Entry of judgment, March 2 | April 1, 2027 (30 days) |
| Notice of appeal if a motion is filed and denied on June 1 | Order disposing of the motion | July 1, 2027 (30 days) |
| Cross appeal if the notice of appeal is served on June 20 | Service of the notice | July 5, 2027 (15 days) |
The dates are a simple count of calendar days.
When Permission to Appeal Is Required
Some appeals proceed by application rather than by notice. OCGA 5-6-35(a)(6) lists “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less.” Such an appeal “shall be by application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction,” filed “within 30 days of the entry of the order, decision, or judgment complained of,” or within 30 days after the order disposing of a motion for new trial or for judgment notwithstanding the verdict (OCGA 5-6-35(b), (d)). The opposing party has ten days to respond, the appellate court must issue an order “within 30 days of the date on which the application was filed,” and if the application is granted the applicant has ten days to file a notice of appeal (OCGA 5-6-35(e), (f), (g)).
A ruling that is not otherwise subject to direct appeal can be reviewed before final judgment only if the trial judge “certifies within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that immediate review should be had,” and the Supreme Court or the Court of Appeals “may thereupon, in their respective discretions, permit an appeal” if application is made within ten days after the certificate is granted (OCGA 5-6-34(b)). OCGA 9-11-56(h) sends an order denying summary judgment through that route.
Preserving the Issue
Barker v. Grier, No. A26A0229 (Ga. Ct. App. June 22, 2026), shows what an unpreserved issue costs. The jury awarded $450,000 for injuries from a 2021 collision. The defendant moved for a new trial or remittitur, the trial court denied the motion, and the defendant appealed, arguing that the award was improperly punitive because of statements the plaintiff’s counsel made in closing argument. The Court of Appeals answered that “Barker did not object to those statements at trial,” and it cited Williams v. Harvey, 311 Ga. 439 (2021), for the holding that “there is no reason to review unpreserved claims of error in closing argument in civil cases.” “Because Barker failed to object to the statements at issue made by Grier’s counsel during closing arguments, Barker waived this argument.” A footnote added that “Barker’s brief failed to comply with Ga. Ct. App. R. 25(a)(5), which requires an appellant’s brief to identify how each enumerated error was preserved for review.”
The Court of Appeals also addressed timing. The trial in Barker ended in September 2024, and the 2025 amendments to OCGA 9-10-184 took effect on April 21, 2025, while post-trial motions were pending. Because the trial had concluded more than seven months before the effective date, the court held that the amendments did not apply to that trial.
By contrast, in AT Systems Southeast, Inc. v. Carnes, 272 Ga. App. 671 (2005), the defendant objected to evidence of the plaintiff’s finances and moved for a mistrial, and “excepted to the charge” on a presumption arising from unproduced evidence. Those issues were before the court because they had been raised at trial.
How the Court of Appeals Reviews a Verdict
Carnes arose from a collision between an armored truck and a minivan. The plaintiff, a passenger, suffered a hip fracture, was immobile for about six months, and developed blood clots. The jury returned a verdict of $1,250,000, and the defendant challenged it on three grounds.
Excessive verdict. The defendant argued that the award was “flagrantly excessive” given special damages of $74,791.16. The court began with OCGA 51-12-12(a) and, quoting Beam v. Kingsley, 255 Ga. App. 715 (2002), stated that “the defendant has a heavy burden under OCGA § 51-12-12 (a) to establish that such a damage award is excessive,” that the award “must be so flagrantly excessive or inadequate, in light of the evidence, as to create a clear implication of bias, prejudice, or gross mistake by the jurors,” and that where the trial court approved the verdict in denying the post-trial motion, “a presumption of correctness arises that will not be disturbed absent compelling evidence.” The court concluded that “we cannot say that the jury’s verdict is so flagrant as to shock the conscience.” It rejected the argument that pain and suffering should be measured as a multiple of special damages, relying on Smith v. Crump, 223 Ga. App. 52 (1996), for the rule that no yardstick exists for measuring them. Barker cited the same principle in rejecting an argument that a $450,000 award was unsupported because the plaintiff introduced no expert or medical provider testimony and no medical bills.
Mistrial. Quoting Voxcom, Inc. v. Boda, 213 Ga. App. 257 (1994), Carnes stated that “[a] trial court’s denial of a motion for mistrial will not be disturbed absent a manifest abuse of discretion.” The trial court had told the jury to disregard a remark about the plaintiff’s finances, and the Court of Appeals found “no abuse of discretion.”
Jury charges. As to a charge on a presumption arising from unproduced evidence, the court did not decide whether the charge was appropriate because liability was admitted and the evidence in question “went to liability and not damages,” so “any error was harmless.” As to a charge that a tortfeasor takes a plaintiff as found, “a charge may be given when there is slight evidence to sustain it,” and the plaintiff’s obesity, circulatory problems, and high blood pressure supplied it.
Barker describes the evidence “[v]iewed in the light most favorable to the jury’s verdict.” Summary judgment is reviewed differently: the Court of Appeals reviews a grant or denial de novo and reads the evidence in favor of the party that opposed the motion (Reed v. Carolina Casualty Insurance Co., 327 Ga. App. 130 (2014)).
The Judgment While the Appeal Is Pending
In civil cases “the notice of appeal … shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond or other form of security be filed,” but on the appellee’s motion “the trial court shall require that supersedeas bond or other form of security be given” (OCGA 5-6-46(a)). For a money judgment the bond is fixed at a sum that will cover “the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a lesser amount.” Subsection (b) caps the total: “the total supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $25 million regardless of the value of the judgment.” If the appellee proves by a preponderance of the evidence that the appellant is “dissipating or secreting its assets,” the court may require security up to the total amount of the judgment (OCGA 5-6-46(f)). An application for discretionary appeal acts as a supersedeas “to the extent that a notice of appeal acts as supersedeas” (OCGA 5-6-35(h)).
Frequently Asked Questions
Can a motion for new trial be amended after it is filed?
Yes. “The motion may be amended any time on or before the ruling thereon” (OCGA 5-5-40(b)).
Must the trial transcript be ready before the motion is heard?
No. Where the grounds require the transcript, the court may extend the time to prepare and file it, or may hear and decide the motion before the transcript is prepared and filed (OCGA 5-5-40(c)).
Does the winning side need its own appeal to raise errors against it?
No. On a cross appeal the appellee “may present for adjudication on the cross appeal all errors or rulings adversely affecting him,” and “in no case shall the appellee be required to institute an independent appeal on his own right” (OCGA 5-6-38(a)).
What if the supersedeas bond is late or found insufficient?
“[A] bond or other form of security may be filed at such time as may be fixed by the trial court” (OCGA 5-6-46(c)).
Sources and Legal Authorities
- OCGA 5-5-20; OCGA 5-5-21; OCGA 5-5-40(a), (b), (c), (g), (h)
- OCGA 5-6-34(a), (b), (d); OCGA 5-6-35(a), (b), (d) through (h)
- OCGA 5-6-38(a); OCGA 5-6-46(a), (b), (c), (f)
- OCGA 9-11-50; OCGA 9-11-56(h); OCGA 51-12-12
- AT Systems Southeast, Inc. v. Carnes, 272 Ga. App. 671 (2005)
- Beam v. Kingsley, 255 Ga. App. 715 (2002) (as quoted in AT Systems Southeast, Inc. v. Carnes)
- Smith v. Crump, 223 Ga. App. 52 (1996) (as cited in AT Systems Southeast, Inc. v. Carnes)
- Voxcom, Inc. v. Boda, 213 Ga. App. 257 (1994) (as quoted in AT Systems Southeast, Inc. v. Carnes)
- Barker v. Grier, No. A26A0229 (Ga. Ct. App. June 22, 2026)
- Williams v. Harvey, 311 Ga. 439 (2021) (as quoted in Barker v. Grier)
- Reed v. Carolina Casualty Insurance Co., 327 Ga. App. 130 (2014)
Disclaimer
This article provides general information about appeals from personal injury verdicts in Georgia. It is not legal advice and does not create an attorney-client relationship. Appeal deadlines are short and are counted from dates that depend on the post-trial motions filed, so a missed deadline can end the right to appeal. Anyone considering an appeal should consult a licensed Georgia attorney promptly about the particular situation.