People's Justice

Georgia · Coal ash, exposure and possible

Coal ash, exposure and possible claims in Georgia

See If You Qualify

Free · No obligation · About 2 minutes

Filing deadline2 years PI (OCGA § 9-3-33), 4 years propertyCode § 9-3-33

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Georgia?

Georgia Code § 9-3-33 provides a 2-year statute of limitations for personal injury claims arising from toxic exposure. Property damage claims carry a 4-year limitations period under OCGA § 9-3-30. The discovery rule applies — the limitations period begins when the plaintiff discovers or reasonably should have discovered the injury and its causal connection to coal ash contamination. A lawyer can confirm yours.

2 years PI (OCGA § 9-3-33), 4 years property

Source: Code § 9-3-33

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

Woman on the phone on her sofa, smiling
A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Georgia is home to Plant Scherer — the largest coal-fired power plant in the United States — along with Plant Bowen and other major Georgia Power facilities. Georgia Power, a subsidiary of Southern Company, operates multiple coal ash impoundment sites across the state where groundwater contamination has been documented. The EPA's 2015 Coal Combustion Residuals Rule has driven increased monitoring and public disclosure of contamination at Georgia sites.

Georgia state court claims proceed in Superior Court. Key venues include Monroe County Superior Court (Plant Scherer), Bartow County (Plant Bowen), and Chatham County (Plant McIntosh/Savannah area). Federal claims may be filed in MDGA (Macon) or NDGA (Atlanta). Georgia applies a modified comparative negligence standard — plaintiff recovery is reduced by their percentage of fault and barred if 50% or more at fault. Southern Company and Georgia Power are well-capitalized defendants. Georgia's Hazardous Site Response Act (OCGA § 12-8-90) may provide additional statutory remedies for coal ash contamination.

How this works nationally

For the overall process and updates, read the Coal ash, exposure and possible overview. This page covers the local information available for Georgia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Georgia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

Register your interest

Sources

  1. Code § 9-3-33