How many jurors decide a personal injury case in a Georgia trial?

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The number of jurors depends on which court hears the case. In Georgia, a civil case tried in superior court is decided by a jury of 12, while a case tried in state court is generally decided by a jury of 6. The governing provision is O.C.G.A. § 15-12-122, which sets out how juries are demanded and sized in civil actions.

Superior court versus state court

Personal-injury lawsuits in Georgia are commonly filed in either superior court or state court, depending on the county and the nature of the case. The jury size differs between them:

  • In superior court civil actions, each party may demand a full panel of 24 prospective jurors, and the parties strike alternately until a jury of 12 is impaneled.
  • In state court civil actions, the panel is 12 prospective jurors, and the parties strike until a jury of 6 is impaneled.

So the same kind of injury claim can be heard by a 12-person jury in one court and a 6-person jury in another, based simply on where it is tried.

The damages exception in state court

The state-court default of six is not absolute. Under § 15-12-122, when the claim for damages in a state-court civil action is greater than $50,000.00, a party may demand in writing, before the trial term begins, that the case follow the superior-court procedure. If that demand is made, the larger panel and a jury of 12 apply. This matters in personal-injury cases, where claimed damages frequently exceed that threshold, allowing a party to secure a 12-person jury even in state court.

Reaching a verdict

Once seated, the jury hears the evidence and decides the disputed issues, including fault and the amount of any damages. Georgia generally requires a unanimous verdict in civil cases, so the jurors must agree to return a result. Alternate jurors are sometimes chosen as well, ready to step in if a regular juror cannot continue.

The bottom line

A Georgia personal-injury case is decided by 12 jurors in superior court and generally by 6 in state court under § 15-12-122, but a party can demand a 12-person jury in state court when the damages claimed exceed $50,000. The court where the case is filed, and any timely demand, determines how many citizens ultimately decide the outcome.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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