§ 51-16-1. Definitions
As used in this chapter, the term: “Claimant” means an individual or an individual’s survivor, including a decedent’s estate, who seeks or has sought recovery of damages in a COVID-19 liability claim; provided, however, that all individuals claiming to have sustained damages of a single individual, are considered a single claimant. “COVID-19” means severe acute […]
§ 51-16-2. Liability Standard; Immunity
No healthcare facility, healthcare provider, entity, or individual shall be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual, unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual showed gross negligence, willful and wanton misconduct, reckless […]
§ 51-14-8. Limitations on Discovery; Satisfaction of Medical Criteria Necessary to Establish Prima-Facie Evidence of Medical Impairment; Admissibility of Expert Reports
Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of […]
§ 51-14-9. Who May Bring a Claim; Claims in Multiple Jurisdictions
Notwithstanding Code Section 1-2-6 or 1-2-10, a civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintiff, whether a citizen of Georgia or a citizen of some other state, is a resident of Georgia at the time of filing the action or […]
§ 51-14-10. Venue
Notwithstanding any other provision of law, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiff resides or a county in which the exposure to asbestos or silica on which the claim is […]
§ 51-12-76. Separate Disclosure Statement Provided to Payee; Requirements
Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 point font, setting forth the following: The amounts and due dates of the structured settlement payments to be transferred; The […]
§ 51-14-11. Consolidation of Claims
A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her […]
§ 51-12-77. Approval of Transfer by Court Order; Requirements
No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order based […]
§ 51-14-12. Application of Chapter Dependent Upon Date Claim Accrues
Asbestos claims and silica claims that accrued before April 12, 2005, or that will accrue on or after May 1, 2007, shall be governed by this chapter, as it exists on May 1, 2007. Asbestos claims and silica claims that accrued on or after April 12, 2005, and before May 1, 2007, shall be governed […]
§ 51-12-78. Redirecting Payments; Liability of Transferee; Dividing Payment; Compliance
Following a transfer of structured settlement payment rights, the structured settlement obligor and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the transferee or an assignee designated […]