Not every personal injury case requires a full-scale lawsuit in superior or state court. In Georgia, smaller disputes may be filed in magistrate court—commonly referred to as small claims court. Understanding when this option is available, the limits involved, and the risks of this approach can help you decide the best way to proceed.
Can a Personal Injury Case Go to Small Claims Court in Georgia?
Yes, but with important limitations. In Georgia, magistrate court handles cases valued at $15,000 or less. While this may cover certain minor injury claims or property damage cases, the process has significant drawbacks in personal injury matters:
- The defendant has an automatic right to appeal to state court if they lose, which means your case may still end up in a higher court.
- Once appealed, the case becomes subject to more extensive procedures, including depositions, written discovery, and formal motions.
- You are responsible for proving liability and damages without the benefit of the broader discovery tools available in higher courts.
What Is the Maximum Amount You Can Sue for in Small Claims Court in Georgia?
The maximum amount you can sue for in Georgia magistrate court is $15,000, excluding court costs and interest. This limit applies to both injury claims and property damage claims.
For personal injury cases, this cap means small claims court is generally only practical for minor injuries with limited medical expenses and no significant long-term impact. More serious injury cases are almost always better suited for state or superior court.
Why Choosing the Right Court Matters
Filing in the wrong court can cost you time, money, and leverage. While magistrate court offers a faster and less formal process, its low damage cap and appeal rights often make it less effective for personal injury claims. An experienced Georgia personal injury lawyer can evaluate your damages, explain your options, and choose the court that gives you the best chance for full and fair compensation.
