Answer and Defenses in Georgia Personal Injury Cases

A Georgia defendant has 30 days after service to answer a complaint under § 9-11-12(a), and if nothing is filed the case goes into default automatically under § 9-11-55. The answer tells a plaintiff what’s admitted, what’s denied, and which affirmative defenses are in play. Some defenses listed in an answer need an immediate response, particularly insufficient service. Others show where the fight will be. And since 2025, filing a motion to dismiss rather than answering has a larger effect on timing.

The clock

Event	Rule	Source
Answer due	30 days after service	§ 9-11-12(a)
If a motion is denied	Answer due 15 days after notice	§ 9-11-12(a)(2) as revised
Proof of service late	Answer time doesn't start until it's filed	§ 9-11-4(h)
Waiver of service	Different timing under the waiver terms	§ 9-11-4(d)
No answer	"[A]utomatically" in default	§ 9-11-55(a)
Opening within 15 days	As a matter of right, on payment of costs	§ 9-11-55(a)
Opening later	Discretion, with a sworn showing and a meritorious defense	§ 9-11-55(b)
Removal to federal court	Time under 28 U.S.C. § 1446	Federal Rule 12 then applies

An insurer may hire a lawyer late, so calendar the date and check the docket on day 31 and day 46. Default on liability doesn’t necessarily settle damages, and § 9-11-55(a) has its own terms on proof of unliquidated damages.

The motion to dismiss

SB 68 revised § 9-11-12 in 2025, and Section 9(b) of the Act intends that part to reach pending cases, with some qualification.

Rule	Effect
Motion "before or at the time of filing an answer"	Discovery stayed 90 days or until the ruling
Defendant then answers	Stay ends as to that defendant
After briefing	Court is to decide within 90 days
All deadlines	Extended by the stay's length
Ruling against a defendant	15 days to answer

So a defendant has a reason to file early. A plaintiff with evidence at risk should send preservation letters regardless, since a stay doesn’t remove the duty to keep evidence. See spoliation.

Affirmative defenses

Section 9-11-8(c) lists some that must be pleaded: “accord and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations”, and any other “avoidance or affirmative defense”. A defendant may amend “at any time before the entry of a pretrial order” under § 9-11-15(a), so a missing defense may appear later.

Defense	What to do	Source
Statute of limitations	Check filing and service dates	§ 9-3-33
Insufficient service	Serve again now	§ 9-11-4; § 9-11-12(h)
Comparative fault	Prepare proof on your care	§ 51-12-33(g)
Non-party fault	Watch for notice	§ 51-12-33(d)
Assumption of risk	Actual knowledge is needed	Bodymasters; Dean
Avoidance	Ordinary care after you knew	§ 51-11-7
Release	Check any earlier settlement	Limited release, § 33-24-41.1
Workers' compensation exclusivity	A defense, not jurisdiction	Crook, A26A0470
Sovereign immunity	Check waiver and notice	§ 36-33-1; § 50-21-23
Failure to mitigate	Document treatment and reasons	§ 51-12-11

Two of those call for action right away, on when to file suit and service of process. The 50 percent rule is easy to misstate. Section 51-12-33(g) says a plaintiff “shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible”. So 50 percent exactly ends the claim. See the 50 percent rule.

Non-party fault

This deserves its own calendar entry. Under § 51-12-33(d)(1), fault of a non-party counts “if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial”. The factfinder considers everyone who contributed, under (c), “regardless of whether the person or entity was, or could have been, named as a party”. That includes an immune employer, under Walker v. Tensor Machinery, 298 Ga. 297 (2015). And Zaldivar v. Prickett, 297 Ga. 589 (2015), requires a real tort by the non-party. A notice that comes 120 days out can leave no time to sue that person, especially if the limit has run. So ask early in written discovery who else the defendant blames. Non-party apportionment goes further.

Other responses in the answer

• Admissions. Under § 9-11-8(d), where a response is required, averments “other than those as to the amount of damage, are admitted when not denied”. So read each numbered response. A clear admission on employment or ownership removes an issue.
• Lack of knowledge. That has the effect of a denial, under § 9-11-8(b).
• Counterclaims. A plaintiff in a crash may face a compulsory counterclaim under § 9-11-13(a).
• Cross-claims and third-party claims. Defendants may turn on each other, or add someone under § 9-11-14. That may help a plaintiff prove fault, and it may not.
• Venue and jurisdiction. Under § 9-11-12(h), these can be waived if not raised properly, so check what’s preserved. A corporate defendant sued on § 14-2-510(b)(4) has 45 days from service to remove to its principal county.

Reading the answer

Look for	Meaning	Next step
"Admitted" on driver's employment	Agency may be settled	Reassess negligent hiring claims
Service defense	Limitations risk	Act today
Claim of an unnamed third party	Empty-chair plan	Interrogatory now
Punitive denial	Expected	Target discovery
Pre-existing condition	Medical defense	Prior records
Seat belt or helmet	Check the current statute	§ 40-8-76.1; helmet rules

See helmet defenses for that last row.

What comes next

Discovery follows, under the deadlines in written discovery. An insurer’s coverage position may come in a separate letter. If a reservation of rights arrives, tell counsel, because it can change settlement. An answer may also signal a summary judgment motion later. And a plaintiff should reply to any counterclaim, within the time under § 9-11-12(a).

Sources

• Walker v. Tensor Machinery, 298 Ga. 297
• Zaldivar v. Prickett, 297 Ga. 589
• Bodymasters v. Wimberley, 232 Ga. App. 170
• Dean v. Toyota Industrial Equipment, 246 Ga. App. 255
• Crook v. Six Flags Over Georgia II, A26A0470
• Federal Rule of Civil Procedure 12
• 28 U.S.C. § 1446
• Official Code of Georgia Annotated, November 2022 public release: §§ 9-3-33, 9-11-4, 9-11-8, 9-11-13, 9-11-14, 9-11-15, 9-11-55, 14-2-510, 33-24-41.1, 36-33-1, 50-21-23, 51-11-7, 51-12-11, 51-12-33
• Georgia Senate Bill 68 (2025): § 9-11-12

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.