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Pain and suffering and noneconomic damages

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Contents
  1. General damages
  2. Arguments at trial
  3. No universal formula
  4. Related entries
  5. References

Pain and suffering is a category of noneconomic loss rather than an invoice or wage entry. Georgia's 2025 legislation defines noneconomic damages to include physical and emotional pain and other harms, such as impairment and loss of enjoyment of life. A definition does not assign a standard dollar amount to an injury.[1]

General damages

Georgia distinguishes general damages, which the law presumes to flow from a tortious act, from special damages, which must be proved. The statute allows general damages without proof of a specific amount. That distinction does not mean an injury claim succeeds without evidence of the underlying event and the harm claimed.[2]

Arguments at trial

SB 68 changed when counsel may argue the worth or monetary value of noneconomic damages. The permitted argument is after the close of evidence at the party's first opportunity to argue damages, and must be rationally related to the evidence. The statute restricts references to objects or values lacking a rational connection to the facts proved.[1]

No universal formula

The legislation describes the measure as the enlightened conscience of an impartial jury. It does not supply a fixed multiplier of medical expenses. A settlement figure advertised in another matter is therefore not a statutory valuation method for a reader's symptoms or limitations. The relevant evidence concerns the particular person and injury.[1]

References

  1. abc 2025 SB 68: signed tort legislation. Office of the Governor of Georgia. https://gov.georgia.gov/document/2025-signed-legislation/sb-68/download. official. Checked . Source record
  2. ^ O.C.G.A. 51-12-2: general and special damages. Justia. https://law.justia.com/codes/georgia/title-51/chapter-12/article-1/section-51-12-2/. independent. Checked . Source record