Can I settle with one defendant and keep pursuing the others in Georgia?

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Georgia allows a claimant to settle with one defendant and continue pursuing the rest, as long as the settlement is structured to resolve only that defendant’s responsibility. Georgia’s joint-trespasser statute, O.C.G.A. § 51-12-31, lets a claimant recover against the parties actually liable rather than treating a release of one as a release of all, so partial settlements are a normal part of multi-defendant cases.

How a partial settlement works

When more than one party may be responsible for an injury, each often carries its own insurance and its own share of the blame. A claimant can accept a payment from one party, sign a release limited to that party, and keep the claim going against the others. The key is that the release resolve only the settling defendant’s exposure and reserve rights against everyone else. A document drafted as a full satisfaction of the entire claim, by contrast, can close the matter against all defendants, so the wording is what preserves the live claims.

Why claimants do this

Settling with one defendant while pursuing others can make sense for several reasons:

  • One defendant may offer its full policy limits early, providing certain recovery now.
  • Continuing against the remaining parties keeps additional sources of compensation available.
  • Removing a settled party can simplify the case that proceeds to trial.

This approach is common where, for example, one driver’s coverage is clearly insufficient but another party, such as an employer or a second at-fault driver, may also be liable.

Effect on the remaining case

Two principles shape what happens next. First, Georgia apportions damages by each party’s percentage of fault, so the remaining defendants are responsible for their own shares rather than automatically covering the settled party’s portion. Second, the claimant cannot be paid twice for the same harm, so what the settling defendant paid is accounted for against the total recovery. These rules keep partial settlements fair to the defendants who remain while letting the claimant collect from multiple sources up to full, single compensation.

The bottom line

In Georgia, a claimant can settle with one defendant and keep pursuing the others when the release is limited to the settling party and reserves the remaining claims. Apportionment by fault and the bar on double recovery govern how the earlier settlement affects what the remaining defendants may owe.

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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