Non-Economic Damages Caps: When Do They Apply and How to Overcome Defense Arguments

When someone is seriously hurt because of another person’s negligence, their losses often go beyond just medical bills and missed work. Injuries affect daily life, emotional health, relationships, and the ability to enjoy normal activities. These are known as non-economic damages. Unlike economic losses, which are easy to measure, non-economic damages involve pain, emotional distress, disfigurement, and loss of life’s pleasures.

In Georgia, there is often confusion about whether there are caps—or limits—on how much someone can recover for these intangible losses. Insurance companies and defense lawyers may try to argue that non-economic damages should be reduced or even denied. However, knowing what the law actually says—and how courts view these arguments—can make a major difference in a personal injury case.

What Non-Economic Damages Include

Non-economic damages cover the real but hard-to-quantify effects of an injury. Common examples include:

• Physical pain and discomfort

• Emotional distress and trauma

• Anxiety or depression caused by the accident

• Loss of enjoyment of life

• Disfigurement or scarring

• Damage to close relationships (sometimes called loss of consortium)

These damages are often the most personally significant. While medical bills may eventually be paid, the psychological and physical toll can last far longer. That’s why they are an important part of any personal injury claim.

Do Damage Caps Apply in Georgia?

Unlike some states, Georgia generally does not cap non-economic damages in standard personal injury cases like car accidents, premises liability, or workplace injuries caused by third parties.

There was a time when the state imposed limits in certain situations. In 2005, Georgia lawmakers passed a cap on non-economic damages in medical malpractice cases, limiting them to $350,000 per facility or provider. However, in 2010, the Georgia Supreme Court ruled that cap unconstitutional. The court found that such limits violated a person’s right to a jury trial.

Since that decision, there are no blanket caps on non-economic damages in most civil injury cases in Georgia.

When Limits Might Still Come Into Play

There are limited circumstances where non-economic damages might still be restricted:

• Claims Against Government Entities
  When a government agency is the defendant—such as in a claim against a city for dangerous road conditions or a county hospital—there are sovereign immunity rules that may cap total damages, including non-economic losses. For example, claims against the State of Georgia under the Georgia Tort Claims Act are capped at $1 million per person and $3 million per incident.

• Punitive Damage Cases
  While not technically non-economic, punitive damages—intended to punish bad behavior—are capped at $250,000 in most cases unless the defendant acted with specific intent or was under the influence of drugs or alcohol. Punitive damages are treated differently from compensatory damages like pain and suffering.

• Settlements With Policy Limits
  Even if the law allows for full compensation, insurance policy limits can function as a practical cap. If the defendant’s policy only covers a certain amount, collecting beyond that can be difficult without pursuing personal assets.

How Defense Teams Try to Limit Pain and Suffering Awards

Even without formal caps, defense attorneys often work hard to reduce non-economic damages. Here are common arguments they raise—and how to respond to them:

• “There’s no proof of emotional distress”
  Defense lawyers may claim there’s no evidence of mental anguish or pain. One way to counter this is by presenting testimony from the injured person, family members, or mental health professionals. Medical records, therapy notes, and journal entries can all support these claims.

• “The injuries were minor or temporary”
  They may argue that the injuries weren’t serious enough to justify a high award. Demonstrating the full scope of impact—such as disrupted routines, ongoing physical therapy, or emotional withdrawal—helps push back.

• “The plaintiff had pre-existing conditions”
  Defense teams often say that pain or emotional issues were already present. While a pre-existing condition doesn’t block recovery, it can make the case more complex. A clear narrative from treating doctors explaining how the accident worsened the condition is key.

• “The plaintiff recovered quickly”
  Even a fast recovery doesn’t mean a person didn’t suffer. The initial pain, fear, and stress still matter. It’s helpful to show how even short-term injuries disrupted the person’s life.

Strategies to Maximize Non-Economic Damages

Because these damages are subjective, the way a case is presented makes a major difference. Here are some techniques attorneys use to help juries understand the full impact of a client’s injuries:

• Storytelling with detail
  Explaining how the injury affected routines, relationships, and emotional well-being paints a full picture. It’s not enough to say someone “had a hard time.” Specific examples create empathy.

• Using visuals and multimedia
  Photos of injuries, videos of recovery exercises, and even day-in-the-life videos can be persuasive in showing suffering and limitation.

• Testimony from loved ones
  Friends and family can provide strong testimony about changes they’ve seen—mood swings, social withdrawal, loss of independence.

• Expert opinions
  Psychologists, physical therapists, and pain specialists can explain the lasting effects in ways that juries trust and understand.

Jury Trends in Georgia

In recent years, some Georgia juries have awarded large verdicts for pain and suffering when the evidence clearly showed lasting effects. This includes cases involving spinal injuries, brain trauma, and psychological harm following a traumatic event. These outcomes show that when cases are presented thoroughly and with authenticity, juries are often willing to acknowledge the seriousness of non-economic damages.

Conclusion

Georgia law does not limit pain and suffering compensation in most personal injury cases. But that doesn’t stop defense attorneys from trying to shrink or dismiss these damages during negotiations or trial. Injury victims—and their lawyers—must be prepared to counter these arguments with strong evidence and a clear narrative of the toll the injury has taken.

If you or a loved one is pursuing an injury claim in Atlanta, make sure your legal team understands how to fight for non-economic damages effectively. Pain and suffering may not show up on a bill, but they are often the most life-altering parts of a serious injury. You deserve to be fully heard—and fully compensated.