What Are the Personal Injury Damage Caps in Georgia?

Georgia does not place a cap on economic or non-economic damages in most personal injury cases. This means there’s no legal limit to what an injured person can recover for medical bills, lost wages, or pain and suffering. However, there are a few narrow exceptions. Understanding when those apply is critical to protecting the full value of your claim.

Because damage caps are often misunderstood or misapplied, we encourage injured Georgians to speak with an Atlanta personal injury lawyer early in the process. That way, you can be sure you’re not being told you “can’t recover more” when the law says otherwise.

What Are “Damage Caps,” and Why Do They Matter?

Damage caps are legal limits placed on how much money a person can recover in certain types of lawsuits. These limits usually apply to:

• Non–economic damages: Including pain and suffering, emotional distress, and loss of enjoyment of life
  
• Punitive damages: Meant to punish the at-fault party, not just compensate the victim

Georgia does not cap most types of damages in standard personal injury claims. If you’re hurt due to someone else’s negligence, such as in a car accident, slip and fall, or product liability case, you can typically recover the full amount of your proven losses.

That said, there are important exceptions in specific situations.

When Do Damage Caps Apply in Georgia?

While general personal injury claims aren’t limited by damage caps, Georgia law does impose caps in the following circumstances:

Punitive Damages (in Most Cases)

Punitive damages are capped at $250,000 in most personal injury cases—unless the defendant acted with specific intent to cause harm or was under the influence of drugs or alcohol. If DUI or intentional harm is involved, the cap is lifted entirely.

Medical Malpractice Cases (Historically):

Georgia used to have caps on non-economic damages in medical malpractice claims, but in 2010, the state Supreme Court ruled those limits unconstitutional. As of now, there are no caps on non-economic damages in Georgia medical malpractice cases.

Government Liability Cases:

If your injury was caused by a government agency or employee (such as in a city vehicle crash), Georgia law limits recovery to:

• $1 million per person
  
• $3 million per incident

These caps apply to state and local government liability and are strictly enforced, even in severe injury cases. We regularly review our clients’ cases to determine whether any of these exceptions apply—and if they do, we help them explore additional recovery options when available.

How We Help Maximize Damages for Our Clients

At John Foy & Associates, we focus on making sure every client receives the full amount they’re legally entitled to, not just what the insurance company initially offers. That starts with knowing exactly what’s recoverable and how to support those claims with evidence.

We work to:

• Fully document economic damages: Including medical bills, future care needs, lost wages, and property damage
  
• Build strong non-economic claims: Working closely with clients and medical experts to demonstrate how injuries affect daily life, mental health, relationships, and long-term well-being
  
• Challenge attempts to apply caps improperly: Pushing back with the correct interpretation of Georgia law if an insurer or defense attorney wrongly cites a cap
  
• Identify all liable parties: Especially in cases involving government agencies or commercial entities, where multiple layers of insurance may exist

We know how to present these details in negotiations and in court—because insurance companies don’t hand over fair compensation without a fight.

What’s the Difference Between Economic and Non-Economic Damages?

Economic damages are the quantifiable losses you suffer as a result of an injury, such as:

• Hospital bills and rehabilitation costs
  
• Lost income during recovery
  
• Loss of future earning ability
  
• Costs of in-home care, therapy, or assistive devices

Non–economic damages reflect the personal and emotional toll of your injuries, including:

• Chronic pain
• Depression or anxiety
  
• Loss of mobility or independence
  
• Difficulty maintaining relationships
  
• Reduced quality of life

We’ve represented many clients who initially underestimated their non-economic damages only to realize that pain, trauma, and lifestyle disruption were the most lasting effects of the injury.

Can Damage Caps Affect Settlement Negotiations?

Yes. And unfortunately, they’re sometimes used unfairly to lower settlement offers. Insurance companies may tell injury victims that their case is capped even when it isn’t. We’ve seen this tactic used to pressure clients into accepting fast, low payouts.

That’s why we encourage anyone with a serious injury to let us review their claim before talking numbers. If a cap does apply, we’ll explain it. If it doesn’t, we’ll fight to make sure your compensation reflects the full impact of what you’ve been through.

We’ve Been Standing Up for Injured Georgians for Over Two Decades

At John Foy & Associates, we’ve recovered more than $1 billion for clients across Georgia. With over 350 years of combined experience, we know how to pursue maximum compensation, whether your case involves simple negligence or complex legal limits.

Are you concerned about how damage caps might affect your case? Perhaps you just want to understand what your injury is really worth. In either case, we’re here to help. Let us review the facts, answer your questions, and make sure your recovery isn’t limited by bad information or insurance company tactics.