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GTLA Constitutional Challenge Committee
What Is Our Purpose?
This committee was created to provide assistance to GTLA members who are considering constitutional challenges to Georgia statutes that impair the rights of Georgia citizens. Below are examples of recent statutes and issues we have identified as having taken away the rights of Georgia Citizens in violation of the Constitution of the State of Georgia.
How Can We Help You?
Fill out the short form below concerning your issue and it will be directed to one of our committee chairpersons who will contact you directly. [inquiry form]
Important Issues:
Our committee consists of volunteers and resources are limited. We are currently focused on members whose clients' rights have been limited or taken away by the following:
  • Statutes, such as O.C.G.A. 51-13-1, that place caps on compensation for injured victims.
  • Statutes that completely eliminate the rights of victims of negligence, particularly when such statutes favor only one class of negligent persons. A recent example of this is the E.R. Doctor/Facility Immunity statute. O.C.G.A. 51.1.29.5(c)&(d).
  • Statutes that intimidate injured victims by requiring them to pay an insurance company lawyer's fees even when a jury issues a verdict in the victim's favor, like the recent offer of judgment statute O.C.G.A. 9-11-68.
  • Statutes that place unreasonable expenses and burdens on injured victims in their effort to bring the responsible party to justice. This would include statutes such as the recent expert witness requirements commonly known as the “Daubert” rules. O.C.G.A. 24-9-67.1.
  • Statutes that unnecessarily open up the injured party’s private, unrelated medical records. For example the recent requirement that a open unrestricted medical authorization be filed contemporaneously with a medical malpractice lawsuit. O.C.G.A. 9-11-9.2.
  • Statutes that deny an innocent injured victim full and complete compensation for their injury, such as the recent changes to joint and several liability. O.C.G.A. 51-12-31 and 51-12-33.
Constitutional Challenge Committee Inquiry Form
Please fill out the form provided below and one of our committee members will respond to you by email or phone call. Please make sure we understand the current posture of the case in light of the issue that concerns you.
Name:
Phone Number:
Email Address:
Are you an Attorney?
On what issue do you need assistance?
Is this matter currently in litigation?
If yes, what is the current status of the case?
 
 
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