A Profile of Tort Litigation in Georgia and Reflections on Tort Reform

Abstract

Fact-based studies of tort litigation in Georgia are almost nonexistent. Georgia is one of many states that does not provide the NCSC with any information regarding tort litigation patterns. Georgia does not provide such information because it is not compiled. It is not compiled because these data are not systematically maintained by local courts and reported to the Administrative Office of the Courts. Because the data are not routinely collected and reported, it is impossible to answer such elementary questions as: How many tort cases are filed in Georgia courts? What types of claims are brought? How many go to trial? How often do plaintiffs prevail? What is the typical damage award when the plaintiff does prevail? These questions, empirical in nature, are fundamental to the tort reform debate.

Our study begins to provide some of the information needed to construct a profile of tort litigation in Georgia. We examined the official court records of over 43,000 civil cases filed in four Georgia counties between 1990 and 1993. We then compiled detailed information from all of the more than 2,100 personal injury cases within that group. The data are presented in the tables included in the Appendix.

Keywords: tort law, Georgia, tort reform, litigation, personal injury, awards, remedies, disposition, settlement, verdict

JEL Classification: K13