What does Georgia law say is the measure of damages for a tort injury?
Georgia law treats damages as compensation for the injury sustained, and where the harm can be valued in money, that compensation is the measure. The goal is to make the injured person whole by awarding an amount that fairly reflects the loss the wrongdoing caused, no more and no less.
The compensatory standard ¶
O.C.G.A. § 51-12-4 states that damages are given as compensation for an injury, and that such compensation is generally the measure of damages where the injury is of a character capable of being estimated in money. The statute also recognizes that if an injury is small or the mitigating circumstances are strong, nominal damages only may be given. The core idea is restoration: the law aims to place the injured person, as nearly as money can, in the position they would have occupied without the wrong.
Georgia further sorts damages into categories. General damages are those the law presumes flow from a tortious act and may be recovered without proof of a specific amount, while special damages are those that actually flow from the act and must be proved to be recovered. This division shapes what evidence a claimant needs for each part of the claim.
What the measure typically includes ¶
Within the compensatory framework, recoverable harm in a tort injury case commonly covers:
- Economic losses such as medical expenses, lost wages, and lost earning capacity, which must be proved as special damages.
- Noneconomic harms such as pain and suffering, inconvenience, and loss of the capacity to enjoy life, which the jury values without a fixed formula.
- Future losses, supported by adequate evidence and, for future economic items, reduced to present value.
Noneconomic damages are not measured by a set rule. Instead they rest in the enlightened conscience of impartial jurors, who arrive at a reasonable sum from the evidence. Punitive damages stand apart from this compensatory measure; they are not meant to compensate at all but to punish and deter, and they carry their own higher proof standard and statutory limits.
The bottom line ¶
Under O.C.G.A. § 51-12-4, the measure of damages for a Georgia tort injury is compensation for the harm done, valued in money where the injury can be so estimated. That compensation spans proven economic losses and jury-assessed noneconomic harms, all aimed at restoring the injured person rather than punishing the wrongdoer.
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.