---
title: O.C.G.A. § 51-12-15. Written demand for procedure determining damages; rejection of election.
collection: code
id: 51-12-15
cite_as: O.C.G.A. § 51-12-15 (2025)
canonical_url: https://georgiacommons.org/code/51-12-15
md_url: https://georgiacommons.org/code/51-12-15.md
text_url: https://georgiacommons.org/code/51-12-15/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t51-(v39)-pdf.pdf?sfvrsn=90608a4d_0#page=94
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.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: TORTS / DAMAGES / GENERAL PROVISIONS
---

# O.C.G.A. § 51-12-15. Written demand for procedure determining damages; rejection of election.

(a) In any action to recover damages for bodily injury or wrongful death, any party may elect, by written demand prior to the entry of the pretrial order, to have fault and any award of damages determined at trial in the following manner:

(1) In the first phase of the trial, the trier of fact shall determine the fault of each defendant, and if the trier of fact finds that any defendant is at fault for the plaintiff’s injuries or wrongful death, the trier of fact shall further determine through an appropriate form of the verdict the percentages of fault of all persons or entities that contributed to such injuries or wrongful death as provided in Code Section 51-12-33, prior to any determination of the total amount of damages to be awarded, if any such findings are required. The evidence and arguments of counsel in the first phase of the trial shall be limited to the issues provided for in this paragraph;

(2) If the trier of fact finds in the first phase of the trial that any defendant is at fault for the plaintiff’s injuries or wrongful death, the trial shall be recommenced immediately with the same judge and the same jury. In the second phase of the trial, the trier of fact shall determine all compensatory damages to be awarded to the plaintiff, if any, and the evidence and arguments of counsel shall be limited to this issue; and

(3) If the trier of fact finds in the second phase of the trial that any compensatory damages are to be awarded to the plaintiff, the trial may be recommenced immediately with the same judge and the same jury for such further proceedings as may be required, including, but not limited to, proceedings provided for in subsection (d) of Code Section 51-12-5.1 concerning punitive damages and proceedings to determine liability for, and the amount of, any attorney’s fees, court costs, or expenses of litigation that may be awarded by the trier of fact as provided by law.

(b) The court may reject an election by any party made pursuant to subsection (a) of this Code section and order the concurrent trial of fault and damages only upon motion by any party in opposition to such election and upon the court’s determination that:

(1) The plaintiff, or if the plaintiff is the legal guardian of a minor, the minor, was injured by an alleged sexual offense and would be likely to suffer serious psychological or emotional distress as a result of testifying more than once in a bifurcated proceeding; or

(2) The amount in controversy is less than $150,000.00.

## History

Code 1981, § 51-12-15, enacted by Ga. L. 2025, p. 19, § 8/SB 68, effective April 21, 2025.

## Effective Date

This Code section became effective April 21, 2025.