What Is Pain and Suffering in Georgia?
Short answer: Pain and suffering is the money a jury can award for the physical pain, emotional distress and lost enjoyment of life caused by an injury. Georgia law has no formula and, in most injury cases, no cap: jurors decide the amount based on the evidence and their own fair judgment.
Definition
Pain and suffering is the main type of noneconomic damages. Economic damages, such as medical bills and lost wages, can be added up from records. Noneconomic damages cover harm with no price tag. Georgia law describes them as including pain, suffering and loss of enjoyment of life (O.C.G.A. § 9-10-184(a)).
How it works in Georgia
- What jurors consider can include physical pain, mental anguish, the shock of the impact, fear about the extent of the injury, interference with normal living and loss of enjoyment of life, past and future.
- How it is measured. Juries are told to use their “enlightened conscience” as fair and impartial jurors. There is no multiplier or chart.
- No general cap. The Georgia Supreme Court struck down the medical malpractice cap on noneconomic damages in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt (2010).
- Arguing a number. Under SB 68’s 2025 rewrite of O.C.G.A. § 9-10-184, a lawyer may suggest a dollar amount only in closing argument, and it must be rationally related to the evidence.
Example
You break your wrist in a crash on GA-400, and your medical bills total $18,000. For months you cannot lift your toddler, sleep through the night or play weekend softball, and a year later the wrist is still stiff. Those losses are pain and suffering, and a jury can award them on top of your medical bills.
Why it matters for your claim
- It is often the largest part of an injury claim, and the most disputed.
- Consistent treatment, a journal of daily limits, photos and testimony from family and coworkers help prove it.
- Gaps in treatment, or downplaying symptoms to your doctors, can be used to argue your suffering was minor.
Read more: Pain and suffering in Georgia and Insurance lowball tactics.
Related terms
Frequently Asked Questions
How do insurance companies calculate pain and suffering?
Many use internal formulas or claims software. Those methods are not the law, and a jury is not bound by them.
Can I get pain and suffering if my medical bills were small?
Yes. It is not a fixed multiple of your bills. A jury looks at how the injury affected your life, though limited treatment can make the harm harder to prove.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
