Georgia Pain & Suffering Calculator

Georgia's medical malpractice damage cap was struck down as unconstitutional, and no cap applies to ordinary injuries either. But Georgia draws its fault line tighter than most: you recover only if your fault is less than 50% — at exactly 50%, you get nothing.

Cited to O.C.G.A. & case law FigureMyTax Editorial Team Free · no sign-up

Estimate your pain & suffering

Enter your economic damages, pick severity, and your share of fault, if any.

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Estimated pain & suffering
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No cap, but a tighter fault line than most states

In Atlanta Oculoplastic Surgery v. Nestlehutt (2010), the Georgia Supreme Court struck down the state's $350,000 medical malpractice noneconomic damages cap as unconstitutional, holding it violated the right to a jury trial by nullifying the jury's own factual findings. No cap applies to ordinary injury claims either.

Georgia's fault rule is stricter than it first appears. Under O.C.G.A. §51-12-33, you recover only if your fault is less than 50%. Many other modified comparative negligence states use a "51% bar," where you still recover something at exactly 50% fault. Georgia doesn't give you that cushion — 50% fault bars recovery completely, the same as 51% would.

Injured in Georgia?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Georgia attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Georgia statutes and case law. Confirm how these rules apply to your specific case with a licensed Georgia attorney.