Pain and Suffering Damages in Georgia

What it covers

In a Georgia injury claim, damages fall into two groups. Economic damages have a receipt: medical bills, lost wages, future care. Non-economic damages cover what the receipts miss:

• Physical pain, now and in the future
• Mental and emotional suffering — anxiety, sleeplessness, fear of driving
• Loss of enjoyment of life — the things you cannot do any more, or cannot do without pain
• Disfigurement and scarring
• Inconvenience and disruption to daily life

Non-economic damages are part of nearly every one of our Georgia injury claims, and often the largest part.

How Georgia measures it

There is no chart, no multiplier and no formula. Georgia juries are instructed to measure pain and suffering by the enlightened conscience of fair and impartial jurors. In practice, a jury looks at the evidence of what the injury actually did to you. So does an insurer predicting what a jury would do.

In 2025 Georgia changed some of the rules about how lawyers may suggest a figure for these damages to a jury. The underlying principle did not change: the evidence of your experience is what carries the claim.

The 2025 law, SB 68, is published by the Georgia General Assembly.

What proves it

The strongest pain and suffering claims are built from specific, consistent evidence:

• The medical record. How long treatment lasted, how often you went, what was tried, what worked and what did not. Consistent treatment is the backbone of the claim.
• Your own record. A simple journal of pain levels, sleep and what you could not do that day helps. Kept from early on, it beats anything remembered months later.
• People who know you. A spouse, a coworker or a friend who can describe what changed. You stopped coaching, you cannot pick up your kids, you left the job you liked.
• Photographs of injuries, scars, braces and equipment, over time.

What weakens it: gaps in treatment, missed appointments, and social media posts that seem to contradict the injury. Insurers look for all three.

Why workers’ comp never pays it

Georgia workers’ compensation covers medical care and part of your lost wages. It pays nothing for pain and suffering — no matter how serious the injury.

That is why the second claim matters so much when you are hurt at work by someone other than your employer. Think of a driver who hits you on a work drive, or a contractor who causes a site accident. A claim against them can recover the pain and suffering that comp never will. See work-related car accidents.

Comparative fault reduces it too

If you are found partly at fault, Georgia reduces your total recovery by your percentage, including pain and suffering. At 50%, it is barred entirely (O.C.G.A. § 51-12-33).

Related: personal injury · catastrophic injuries · back and neck injuries

Common questions

How is pain and suffering calculated in Georgia?

There is no formula or multiplier. Juries measure it by the enlightened conscience of fair and impartial jurors, based on the evidence of what the injury did to you.

Does workers' comp pay for pain and suffering?

No. Georgia workers' comp covers medical care and part of lost wages, and pays nothing for pain and suffering, however serious the injury.

What evidence helps a pain and suffering claim?

Consistent medical treatment, a simple journal kept from early on, people who can describe what changed, and photographs taken over time.

Can social media hurt my claim?

Yes. Insurers look for posts that seem to contradict the injury, along with gaps in treatment and missed appointments.

Does being partly at fault reduce pain and suffering damages?

Yes. Georgia reduces your total recovery, including pain and suffering, by your share of fault, and bars it at 50% (O.C.G.A. § 51-12-33).