Georgia: What Counts as Economic vs. Non-Economic Damages

Neither compensatory category has a cap in Georgia — but a third category, punitive damages, plays by an entirely different set of rules.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In a Georgia personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain and suffering, mental anguish, and loss of enjoyment of life. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

Neither compensatory category is capped

Georgia's legislature tried to cap non-economic damages in medical malpractice cases at $350,000 in 2005. The Georgia Supreme Court struck that cap down in Nestlehutt (2010) and reaffirmed the ruling in Clark v. Leigh (2026). Today, neither economic nor non-economic compensatory damages are capped in any Georgia personal injury case.

A genuinely different third category: punitive damages

It's worth keeping punitive damages distinct from this split entirely. Punitive damages don't compensate the plaintiff's loss at all — they punish the defendant's conduct, and Georgia caps them at $250,000 in most cases under O.C.G.A. § 51-12-5.1, with real exceptions for product liability (uncapped, but 75% goes to the state), impaired driving, and conduct showing specific intent to harm. That's a meaningfully different rulebook than the one that governs your economic and non-economic damages.

Fault treats the compensatory categories the same way

Georgia's 50% fault bar doesn't distinguish between economic and non-economic damages. If your fault bars the claim, it bars recovery of both categories together — there's no partial exception letting one category through while the other is barred.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a Georgia personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in a Georgia personal injury claim?

Non-economic damages cover losses that aren't a specific dollar receipt — pain and suffering, mental anguish, and loss of enjoyment of life.

Does Georgia cap non-economic damages?

No. The Georgia Supreme Court struck down the state's $350,000 cap on non-economic damages in medical malpractice cases as unconstitutional in 2010 and reaffirmed that ruling in 2026.

Are punitive damages the same as non-economic damages in Georgia?

No, they're a separate category entirely. Punitive damages punish the defendant's conduct rather than compensate the plaintiff's loss, and Georgia caps them at $250,000 in most cases, with real exceptions.

Does the economic vs. non-economic split affect Georgia's 50% fault bar?

No. Georgia's fault bar applies to the claim as a whole, barring both categories together if your fault reaches 50%, rather than treating one category differently from the other.

This page provides general guidance only and is not legal advice. Figures are based on general US personal injury damages categories and Georgia law (O.C.G.A. § 51-12-5.1; Nestlehutt), verified per our methodology. Confirm what counts toward a specific claim with a licensed Georgia attorney before acting.