Filing a Personal Injury Lawsuit in Georgia Superior Court

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A personal injury case becomes a lawsuit at a precise moment, and several Georgia statutes govern what follows: the filing itself, who may serve the papers and within what time, how long the defendant has to answer, and how a person who cannot pay the costs may proceed.

Commencement

“A civil action is commenced by filing a complaint with the court” (OCGA 9-11-3(a)). At the time of filing in superior court or state court, the plaintiff must also file the appropriate civil case filing form with the clerk, but “[t]he filing of the complaint shall not be delayed for the filing of the case filing form,” and “[i]n no case shall the failure to accurately complete the civil case filing form required by this Code section provide a basis to dismiss a civil action” (OCGA 9-11-3(b)). The period for an action for injuries to the person is two years after the right of action accrues (OCGA 9-3-33). A case commenced within the limitation period that the plaintiff later discontinues or dismisses may be recommenced within the original period or within six months after the dismissal, whichever is later, on payment of the costs of the original action, and when the dismissal comes after the period has run, the renewal privilege may be used only once (OCGA 9-2-61(a)).

A Court With Limited Jurisdiction

A magistrate court’s civil jurisdiction is limited to claims of $15,000 or less that are not within the superior court’s exclusive jurisdiction (OCGA 15-10-2(a)(5)), so a larger injury claim is filed in state or superior court.

The Summons and Service

“Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service” (OCGA 9-11-4(a)). Process may be served by the sheriff of the county where the action is brought or where the defendant is found, or a deputy; the marshal or sheriff of the court, or a deputy; “[a]ny citizen of the United States specially appointed by the court for that purpose”; a person who is not a party, is not younger than 18, and has been appointed by the court to serve process or as a permanent process server; or a certified process server (OCGA 9-11-4(c)). The summons and complaint “shall be served together,” and against a corporation service is made “to the president or other officer of such corporation or foreign corporation, a managing agent thereof, or a registered agent thereof,” with the Secretary of State as a fallback agent when service cannot otherwise be had (OCGA 9-11-4(e)(1)(A)). A “managing agent” is “a person employed by a corporation or a foreign corporation who is at an office or facility in this state and who has managerial or supervisory authority” (OCGA 9-11-4(e)(1)(B)). An individual defendant is served “personally, or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process” (OCGA 9-11-4(e)(7)).

The Answer

“[A] defendant shall serve an answer within 30 days after the service of the summons and complaint upon the defendant, unless otherwise provided by statute” (OCGA 9-11-12(a)(1)). If the defendant serves a motion under that Code section, the time for the answer changes: if the court denies the motion or postpones its disposition until trial, the answer is due “within 15 days after notice of the court’s action,” unless the court sets a different time (OCGA 9-11-12(a)(2)). Certain defenses, including lack of jurisdiction over the subject matter or the person, improper venue, insufficiency of process or of service of process, and failure to state a claim, may be raised by motion in writing (OCGA 9-11-12(b)). The answer clock also depends on the return of service: the person serving process must file proof of service within five business days of the service date, and if it is not filed in that time, “the time for the party served to answer the process shall not begin to run until such proof of service is filed” (OCGA 9-11-4(h)).

For example, imagine a complaint filed on March 1, 2027, and a defendant served on March 8, 2027. If proof of service is filed within five business days, the answer is due 30 days after service, on April 7, 2027, unless a motion under OCGA 9-11-12 changes the time.

Filing Without Paying the Costs

“When any party, plaintiff or defendant, in any action or proceeding held in any court in this state is unable to pay any deposit, fee, or other cost which is normally required in the court, if the party shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the costs, the party shall be relieved from paying the costs” (OCGA 9-15-2(a)(1)). Any other party at interest “may contest the truth of an affidavit of indigence,” and the court decides the issue (OCGA 9-15-2(a)(2)). When a civil action is presented for filing by a party who is not represented by an attorney, the clerk presents the complaint to a judge, who may deny filing if the pleading shows “such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court could grant any relief against any party named in the pleading” (OCGA 9-15-2(d)).

Frequently Asked Questions

What if the summons is not served within five days?
The server must make service within five days of receiving the summons and complaint, “but failure to make service within the five-day period will not invalidate a later service” (OCGA 9-11-4(c)).

Can a defendant be asked to waive formal service?
Yes. The plaintiff may send a written notice and request, with a copy of the complaint, allowing at least 30 days to return the waiver, or 60 days for a defendant addressed outside any judicial district of the United States, and a defendant in the United States that fails to comply without good cause bears the later costs of service (OCGA 9-11-4(d)(3), (4)).

Does waiving service give up objections to venue or jurisdiction?
No. “A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant” (OCGA 9-11-4(d)(1)).

Does a defendant who waives service get more time to answer?
Yes. A defendant that returns a timely waiver before being served is not required to answer “until 60 days after the date on which the request for waiver of service was sent,” or 90 days if the defendant was addressed outside any judicial district of the United States (OCGA 9-11-4(d)(5)).

  • OCGA 9-11-3(a), (b); OCGA 9-3-33; OCGA 9-2-61(a)
  • OCGA 15-10-2(a)(5)
  • OCGA 9-11-4(a), (c), (d)(1), (3), (4), (5), (e)(1), (e)(7), (h)
  • OCGA 9-11-12(a), (b)
  • OCGA 9-15-2(a), (d)

Disclaimer

This article provides general information about filing a personal injury lawsuit under Georgia law. It is not legal advice and does not create an attorney-client relationship. The steps that apply depend on the court, the defendant, and the specific facts. A person considering a lawsuit should consult a licensed Georgia attorney promptly about the particular situation.

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