What to Expect at a Georgia Personal Injury Trial

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A Georgia personal injury trial moves through stages that the Code fixes at several points. The parties strike a jury from a panel, each side examines and cross-examines witnesses, either side may ask the judge to decide the case without the jury, the lawyers argue, the judge instructs the jury, and the jury returns a verdict. After judgment is entered, post-trial motions have a 30-day window. Any party may also ask to have fault and damages tried in separate phases before the same jury.

Choosing the Jury

The size of the jury depends on the court. In a superior court, “each party may demand a full panel of 24 competent and impartial jurors from which to select a jury,” and the parties “may strike alternately, with the plaintiff exercising the first strike, until a jury of 12 persons is impaneled to try the case” (OCGA 15-12-122(b)). In a state court the panel is 12 and the jury is six, but where the claim for damages is greater than $50,000, “either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12” (OCGA 15-12-122(a)(1), (2)).

Before striking, the lawyers question the panel. In civil cases the parties “shall have the right to an individual examination of the panel of prospective jurors,” and counsel may ask about “any matter or thing which would illustrate any interest of the prospective juror in the case,” including “any opinion as to which party ought to prevail,” any acquaintance with the parties or counsel, and “any fact or circumstance indicating any inclination, leaning, or bias” (OCGA 15-12-133). A juror who “has expressed an opinion as to which party ought to prevail” or “has a wish or desire as to which shall succeed” may be challenged for cause, and the court hears evidence on the challenge (OCGA 15-12-134). On damages, counsel may ask prospective jurors whether they could return a verdict awarding no damages, or one above an amount left unstated, if the evidence supports the question (OCGA 9-10-184(e)).

Who Must Prove What

“The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential” (OCGA 24-14-1). In deciding where the preponderance of the evidence lies, the jury “may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified,” the probability of their testimony, and “their interest or want of interest.” The jury may consider the number of witnesses, “though the preponderance is not necessarily with the greater number” (OCGA 24-14-4).

Witnesses on the Stand

The court “shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence” (OCGA 24-6-611(a)). Every party has “[t]he right of a thorough and sifting cross-examination” of the witnesses called against it. Leading questions are not used on direct examination except as needed to develop the testimony, but they are permitted on cross-examination and when a party calls “a hostile witness, an adverse party, or a witness identified with an adverse party” (OCGA 24-6-611(b), (c)). Under these rules, the defense may cross-examine an injured plaintiff who testifies, and a plaintiff who calls the defendant driver as a witness may use leading questions.

At a party’s request the court “shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses.” The rule does not exclude “[a] party who is a natural person,” an officer or employee designated to represent an organizational party, or a person shown to be “essential to the presentation of the party’s cause” (OCGA 24-6-615).

Asking the Judge to Decide

A motion for a directed verdict “may be made at the close of the evidence offered by an opponent or at the close of the case,” and it must “state the specific grounds therefor.” The statute sets the test: “If there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed” (OCGA 9-11-50(a)). A defendant can therefore ask for judgment when the plaintiff’s evidence closes, and a party whose motion is denied may still present its own evidence.

Instructions and Closing Arguments

“[A]t the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may present to the court written requests that it instruct the jury on the law.” The court “shall inform counsel of its proposed action upon the requests prior to their arguments to the jury but shall instruct the jury after the arguments are completed” (OCGA 5-5-24(b)). The jury therefore hears the arguments first and the judge’s charge last.

The order of argument turns on the burden of proof. “[W]here the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening and concluding arguments except that if the defendant introduces no evidence or admits a prima-facie case, the defendant shall be entitled to open and conclude.” In a personal injury case, a defendant “shall be deemed not to have admitted a prima-facie case if such defendant introduces any evidence as to the extent of damages, other than cross-examination of the plaintiff and witnesses called by the plaintiff” (OCGA 9-10-186). “Counsel shall be limited in their arguments to two hours on a side” (OCGA 9-10-180). If counsel makes “statements of prejudicial matters which are not in evidence,” the court must intervene, rebuke counsel on objection, and instruct the jury, and it may order a mistrial “if the plaintiff’s attorney is the offender” (OCGA 9-10-185).

For example, imagine that the defendant in a collision case calls no witness on how the crash happened but calls a physician to testify that the plaintiff’s injuries were minor. Because the physician’s testimony is evidence “as to the extent of damages,” the defendant is not deemed to have admitted a prima facie case, and the plaintiff, who carries the burden, keeps the opening and concluding arguments. Had the defendant offered no evidence at all, the defendant would open and conclude.

Arguments about the dollar value of pain and suffering have their own statute. Counsel may argue a dollar value for noneconomic damages only after the close of evidence, at the party’s first opportunity to argue damages; the argument must be rationally related to the evidence; and a lawyer who opens and concludes may not argue a figure in the concluding argument that was not argued in the opening argument (OCGA 9-10-184(c)). In Barker v. Grier, No. A26A0229 (Ga. Ct. App. June 22, 2026), the Court of Appeals held that the 2025 amendments to OCGA 9-10-184 did not apply to a trial that had ended more than seven months before they took effect.

A party who disagrees with the judge’s charge must say so in time: “no party may complain of the giving or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection” (OCGA 5-5-24(a)).

A Trial in Phases

In an action for bodily injury or wrongful death, “any party may elect, by written demand prior to the entry of the pretrial order,” to have fault and damages decided in phases. In the first phase the jury decides the fault of each defendant and, if any defendant is at fault, the percentages of fault of everyone who contributed, and “[t]he evidence and arguments of counsel in the first phase of the trial shall be limited to the issues provided for in this paragraph.” If a defendant is found at fault, “the trial shall be recommenced immediately with the same judge and the same jury” to decide compensatory damages, and a third phase may follow for punitive damages and for fees and expenses (OCGA 51-12-15(a)). The court may reject the election only on a party’s motion and on one of two findings: that the plaintiff was injured by an alleged sexual offense and “would be likely to suffer serious psychological or emotional distress as a result of testifying more than once in a bifurcated proceeding,” or that “[t]he amount in controversy is less than $150,000.00” (OCGA 51-12-15(b)).

The 2025 Act that added this section applies its Sections 6 and 7 only to causes of action arising on or after its effective date, and states that “all other provisions of this Act shall apply to causes of action pending on the effective date of this Act, unless such application would be unconstitutional” (SB 68, as passed, Section 9(b)).

The Verdict and the Judgment

The court “may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact,” and must do so on a timely written request in the kinds of cases the statute lists, such as cases involving equitable relief or where special verdicts “may be specifically required by law” (OCGA 9-11-49(a), (b)). In a phased trial, the first-phase percentages of fault are determined “through an appropriate form of the verdict” (OCGA 51-12-15(a)(1)).

A verdict becomes a judgment when the judgment, “signed by the judge, with the fully completed civil case disposition form,” is filed with the clerk, and “no judgment shall be effective for any purpose until the entry of the same” (OCGA 9-11-58(b)).

After the Verdict

The 30-day clocks run from entry of judgment. A party who moved for a directed verdict may, within 30 days after entry of judgment, move to set aside the verdict and have judgment entered in accordance with that motion, and may join a motion for a new trial (OCGA 9-11-50(b)). Outside extraordinary cases, a motion for new trial is due within 30 days of entry of the judgment on the verdict (OCGA 5-5-40(a)). An appeal follows its own statutes and deadlines.

Frequently Asked Questions

Can the injured person stay in the courtroom while other witnesses testify?
Yes. The rule that separates witnesses does not authorize excluding “[a] party who is a natural person” (OCGA 24-6-615(1)).

Will the jury hear that the defendant has insurance?
As a rule, no. “[E]vidence that a person was or was not insured against liability shall not be admissible” in a civil claim for damages, except in proceedings under OCGA 40-1-112 or when offered for a relevant purpose such as “proof of agency, ownership, or control” and the court finds that the danger of unfair prejudice is substantially outweighed by its probative value (OCGA 24-4-411).

Is a verdict final the day the jury returns it?
No judgment is effective until it is signed, filed with the civil case disposition form, and entered (OCGA 9-11-58(b)), and motions for a new trial or for judgment notwithstanding the verdict run 30 days from entry (OCGA 5-5-40(a); 9-11-50(b)).

  • OCGA 15-12-122(a), (b); OCGA 15-12-133; OCGA 15-12-134
  • OCGA 24-14-1; OCGA 24-14-4; OCGA 24-6-611; OCGA 24-6-615; OCGA 24-4-411
  • OCGA 9-11-50(a), (b); OCGA 5-5-24(a), (b)
  • OCGA 9-10-180; OCGA 9-10-184(c), (e); OCGA 9-10-185; OCGA 9-10-186; Barker v. Grier, No. A26A0229 (Ga. Ct. App. June 22, 2026)
  • OCGA 51-12-15(a), (b); SB 68 (2025), as passed, Section 9(b)
  • OCGA 9-11-49(a), (b); OCGA 9-11-58(b); OCGA 5-5-40(a)

Disclaimer

This article provides general information about personal injury trials under Georgia law. It is not legal advice and does not create an attorney-client relationship. How a trial proceeds depends on the court, the elections the parties make, and the specific facts. A person with a pending claim should consult a licensed Georgia attorney promptly about the particular situation.

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