Are There Damage Caps in Georgia Injury Cases?

In most personal injury matters in Georgia, there are no statutory limits on economic or non-economic damages. Rather, juries have full discretion to award whatever financial amount the medical and financial evidence supports. You can recover full damages for your medical expenses, lost income, property damage, pain and suffering, and other damages. 

The only real ceiling can be found in O.C.G.A. § 51-12-5.1(g), which caps punitive damage awards at $250,000 for standard negligence cases like motor vehicle collisions. However, this cap has exceptions that unlock additional value for your claim. 

How Does the Punitive Damages Cap Work?

Punitive damages do not compensate you for losses. Rather, they punish the defendant (the alleged at-fault party) for extreme misconduct. Accordingly, Georgia courts require clear and convincing evidence of willful misconduct, fraud, malice, wantonness, or conscious indifference to safety before allowing these awards.

In general personal injury lawsuits, punitive awards are limited to $250,000 regardless of the jury’s initial verdict.

When Does the Cap Not Apply?

Georgia statutes establish specific circumstances where the $250,000 punitive ceiling can be overridden. These include: 

• Product liability claims when manufacturers knowingly market hazardous products. However, state law mandates that 75% of punitive awards in product liability actions be remitted to the State Treasury, with plaintiffs retaining 25% plus litigation expenses.
• Specific intent to harm or bodily injury eliminates the caps
• Intoxicated defendants who were driving under the influence of alcohol or drugs.

Uncapped punitive damages can substantially increase overall case values.

Are Non-Economic Damages Capped in Georgia?

There are no statutory caps on non-economic damages in Georgia personal injury cases. Plaintiffs can seek full compensation for pain, suffering, emotional distress, etc. based on the evidence. Strong medical testimony and witness accounts can strengthen a claim for non-economic losses.

Does Comparative Fault Cap Your Recovery?

Comparative negligence does not cap your recovery, but it can reduce what you take home. Under O.C.G.A. § 51-12-33, your financial recovery will be reduced by your assigned portion of fault. You will be barred from any recovery if your level of fault reaches 50% or more.

 For example, a victim assigned 35% fault with damage of $500,000 claim recovers only $325,000. An assignment of 50% fault results in no recovery.

Does Medical Malpractice Have Its Own Caps?

Unlike some states, Georgia does not have non-economic damage limits in medical malpractice claims; previous statutory caps were struck down as unconstitutional by the Georgia Supreme Court. Punitive damages in medical negligence actions follow the standard $250,000 limit in O.C.G.A. § 51-12-5.1.

If you suffered injuries in an accident in Georgia, an experienced attorney can help you understand the damages available in your claim and whether caps apply. They can also help you establish the value of your case and identify where there is an opportunity to increase value. Reach out to Jonathan R. Brockman P.C. today to schedule a free consultation and for guidance on maximizing your financial recovery.