---
title: O.C.G.A. § 28-5-108. Subrogation of state to claims of persons compensated; damage actions against persons responsible for injuries or death.
collection: code
id: 28-5-108
cite_as: O.C.G.A. § 28-5-108 (2025)
canonical_url: https://georgiacommons.org/code/28-5-108
md_url: https://georgiacommons.org/code/28-5-108.md
text_url: https://georgiacommons.org/code/28-5-108/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-2018-pdf.pdf?sfvrsn=f493d811_0#page=376
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/28-5.md
previous: https://georgiacommons.org/code/28-5-107.md
next: https://georgiacommons.org/code/28-5-120.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: GENERAL ASSEMBLY / FINANCIAL AFFAIRS / CLAIMS ADVISORY BOARD / COMPENSATION OF PERSONS FOR INJURIES SUSTAINED WHILE PREVENTING CRIME OR AIDING OFFICERS OF THE LAW
---

# O.C.G.A. § 28-5-108. Subrogation of state to claims of persons compensated; damage actions against persons responsible for injuries or death.

Whenever an order for the payment of indemnification for personal injury or death or for damages to property is or has been made under this part, the State of Georgia shall, upon payment of the amount of the order, be subrogated to the cause of action of the person receiving indemnification under the order against the person or persons responsible for the injury or death or damages to property; and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order for payment of indemnification is recovered and collected in any such action, the state, after deducting the expenses incurred, shall pay the balance to the person receiving indemnification under the order.

## History

Ga. L. 1967, p. 712, § 9.