Damages are a monetary remedy for losses caused by another’s wrongful actions. This article focuses on “general damages” under Georgia law, which compensate for non-economic losses. These are harms that are not easily assigned a dollar value but are a direct result of an injury.
Defining General Damages in Georgia Law
Georgia law, under O.C.G.A. § 51-12-2, defines general damages as those presumed to flow from a wrongful act and can be recovered without proving a specific monetary loss.1Justia Law. § 51-12-2 – General and Special Damages Distinguished; When Recovered This is because they compensate for intangible harms, unlike “special damages,” which cover quantifiable financial losses like medical bills, lost wages, and property repair costs. General damages address the more personal and subjective impact of an injury.
Common Categories of General Damages
One recognized category is pain and suffering, which compensates for both physical pain and mental distress from an injury. This can range from immediate discomfort to long-term chronic pain and its emotional toll.
Emotional distress or mental anguish covers psychological impacts like fear, anxiety, and depression. For injuries altering one’s ability to enjoy daily activities, damages for loss of enjoyment of life may be awarded to compensate for the inability to pursue hobbies or social activities.
Loss of consortium is a claim brought by the spouse of an injured person. It compensates for the loss of companionship, affection, and intimacy resulting from the other spouse’s injuries.
The “Enlightened Conscience of the Jury” Standard
In Georgia, the calculation of general damages is not based on a rigid formula. Instead, the state employs a standard known as the “enlightened conscience of the jury.” This principle grants the jury the authority to determine a fair and just amount based on the evidence presented at trial.
Juries consider various factors when applying this standard. They evaluate the severity of the physical injuries, the intensity and duration of the pain, and the overall impact the injury has had on the plaintiff’s daily life. The nature of the emotional suffering also plays a part in their determination.
While this standard is subjective, the jury’s decision must be grounded in the evidence. Their role is to translate the human experience of pain and loss into a reasonable compensation for the harm endured.
Georgia’s Stance on Caps for General Damages
For a period, Georgia had statutory caps on non-economic damages, particularly in medical malpractice cases. A 2005 law, O.C.G.A. § 51-13-1, imposed a $350,000 limit in such cases.
This changed with the 2010 Georgia Supreme Court case, Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt.2Justia Law. Atlanta Oculoplastic Surgery, P. C. v. Nestlehutt et al. The court declared the statutory cap on non-economic damages unconstitutional. The justices ruled that the cap violated the constitutional right to a trial by jury by infringing on the jury’s role to determine damages.
As a result of this ruling, there are currently no caps on general damages in most personal injury and medical malpractice cases in Georgia. Juries have the discretion to award any amount they deem appropriate based on the “enlightened conscience” standard.
Evidence to Support General Damages Claims
To successfully claim general damages, it is necessary to present compelling evidence that demonstrates the extent of the non-economic harm suffered. Medical records are a foundational piece of evidence, as they provide a detailed account of the injuries, the pain experienced, and the prognosis for recovery. These documents help the jury understand the physical basis for the pain and suffering claim.
Testimony from the injured person is often the most direct way to convey the impact of the injury. The plaintiff can describe their physical pain, emotional distress, and the ways in which their life has been altered. This personal narrative helps the jury connect with the human cost of the injury beyond what is written in medical charts.
Testimony from family members, friends, or coworkers can corroborate the plaintiff’s claims and offer an outside perspective on the changes they have observed in the person’s life since the injury. Visual evidence such as photographs or videos showing the severity of the injuries can provide a powerful illustration of their suffering. For claims involving significant emotional distress, documentation from a psychologist or psychiatrist can substantiate the mental anguish experienced.