Can I get nominal damages in Georgia if I was hurt but lost little money?
Yes, Georgia law allows nominal damages in situations where a wrong occurred and a right was invaded but the actual monetary loss was small or hard to measure. A nominal award is a modest sum recognizing that the defendant breached a duty, even though the financial harm proved minor.
What nominal damages are ¶
Nominal damages are a small recovery awarded to acknowledge that a legal wrong took place when the injury is slight or the mitigating circumstances are strong. O.C.G.A. § 51-12-4 captures this: damages compensate for injury, and where the injury is small or the mitigating circumstances are strong, nominal damages only are given. The award is not meant to fully compensate a large loss; it marks that the defendant’s conduct invaded the claimant’s rights.
This fits with how Georgia categorizes harm. General damages are those the law presumes flow from a tortious act and may be recovered without proof of a specific amount. Because some torts are actionable on proof of the wrong itself, a jury can return a nominal figure even when the claimant cannot show a substantial dollar loss.
When nominal damages tend to come up ¶
A nominal award is most relevant where liability exists but the measurable economic loss is thin:
- The defendant’s negligence is established, yet the proven out-of-pocket loss is minimal.
- The harm is real but difficult to translate into a precise dollar figure.
- The claim is one where the law treats the invasion of a right as itself worthy of recognition.
There are limits. Georgia courts have held that where a suit seeks only special damages that turn out not to be recoverable, a recovery of nominal damages will not be granted. In other words, nominal damages typically attach to a recognized general injury, not to a failed claim for specific out-of-pocket losses alone. And because the sum is small, the practical value of pursuing a case for nominal damages alone is often limited.
The bottom line ¶
Georgia permits nominal damages when a defendant has committed a wrong but the actual loss is small or hard to quantify, as reflected in O.C.G.A. § 51-12-4. The award recognizes the invasion of a legal right rather than fully compensating a significant loss, and it generally requires a recognized injury rather than only an unproven claim for special damages.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.