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★ Georgia · head & brain

Head & brain settlements
in Georgia.

By Reviewed by Abd Shanti, Founder9 min read

Georgia has no cap on brain injury damages since its Supreme Court struck down the malpractice cap in 2010. A man left with locked-in syndrome after an emergency room missed his stroke won $75 million, and the verdict was affirmed.

Facts that decide a head & brain claim in Georgia

No capThe statutory cap on noneconomic damages in medical cases violated the constitutional right to a jury trial.Atlanta Oculoplastic Surgery v. Nestlehutt (Ga. 2010)
Emergency care standardSome emergency room providers are liable only for gross negligence, which the jury is instructed on separately.Womack v. Buckelew (Ga. Ct. App. 2025)
Deadline to sueTwo years for injuries to the person.O.C.G.A. § 9-3-33, as applied in Toliver v. Dawson (Ga. Ct. App. 2023)
Fault rule“The plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed”; below that, damages are reduced by the plaintiff’s share.O.C.G.A. § 51-12-33(g), as quoted in Barefoot v. Denson (Ga. Ct. App. 2022)
united states · sister site
Your head & brain claim in Georgia. See the number for your own case.

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★ GA · reported head & brain outcomes

What Georgia courts have awarded.

Real Georgia decisions and verdicts, each linked to the court record or official report.

  • Womack v. Buckelew
    Court of Appeals of Georgia · 2025
    $75 million verdict, affirmed

    Jonathan Buckelew had seizure-like activity and became unresponsive during a chiropractic neck adjustment and was taken to North Fulton Hospital, a primary stroke center. His brain stem stroke was not diagnosed until the next day, after the window for a thrombectomy had passed, and he now has locked-in syndrome needing constant care. The jury found the emergency physician and the radiologist liable and awarded $75 million; the court affirmed.

  • Walmart Stores East v. Leverette
    Court of Appeals of Georgia · 2024
    $1,000,000 verdict, affirmed

    Two Walmart employees moving a heavy load with a pallet jack ran into Bettie Leverette. The ER found no sign of injury on CT, but her neurologist and radiologist later described white spots on brain MRIs and minimal cognitive recovery. Her life care plan ran from $2,242,896 to $3,492,716. The jury awarded $1,000,000, and the Court of Appeals affirmed.

★ GA · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Georgia.

  1. 1

    A normal first CT does not end a brain injury case. Leverette’s ER scan was clear, but later MRIs and specialist testimony supported the verdict.

  2. 2

    Time to treatment is often the whole case in stroke claims. Buckelew’s injury turned on the missed thrombectomy window.

  3. 3

    With no cap since Nestlehutt, the evidence of lifetime care drives the value of catastrophic brain injury cases.

★ GA · statute of limitations
2 years from date of injury

O.C.G.A. § 9-3-33

★ GA · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault (any fault of 50% or greater bars recovery).

★ GA · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in Georgia.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Georgia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Georgia · you are hereModified comparative, 50% bar2 years from date of injury—
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · head & brain →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · head & brain →
IdahoModified comparative, 50% bar2 years from date of injuryID · head & brain →
KansasModified comparative, 50% bar2 years from date of injuryKS · head & brain →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · head & brain →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · head & brain →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · head & brain →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · head & brain →
★ GA · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

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Sources

Checked 2026-09-29.

★ all of GA
Georgia overview

Fault rule, statute, caps, and key facts for Georgia as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Georgia. See /methodology, /sources, and /disclaimer.