What are general damages and how do they differ from special damages in Georgia?
General damages are the losses the law presumes flow from a wrongful injury and that need no proof of a specific dollar amount. They differ from special damages in exactly that respect: special damages must be proven with evidence, while general damages are left to the jury to value.
The statutory line in Georgia ¶
O.C.G.A. § 51-12-2 draws the distinction directly. General damages are those the law presumes to result from the wrong and may be recovered without proof of any particular amount. Special damages are those that actually flow from the act and must be proven to be recovered. The difference is not about importance; it is about how each is established in court. A medical bill is a number on a page. The pain of a fractured wrist is real but carries no invoice, so the law handles the two differently.
What general damages cover ¶
In an injury case, general damages typically include:
- Physical pain and suffering, past and future.
- Mental and emotional distress.
- Loss of the capacity to enjoy ordinary life and activities.
- The effects of disfigurement or permanent impairment.
Because these harms have no market price, Georgia entrusts their measure to the jury. Under the principle reflected in O.C.G.A. § 51-12-6, damages for injury to a person’s peace, happiness, or feelings rest on the “enlightened conscience of impartial jurors” rather than any fixed schedule.
How proof differs ¶
For special damages, a claimant produces bills, wage records, repair estimates, and expert projections, and the recovery is tied to those documented figures. For general damages, the evidence is about the human experience of the injury: testimony about pain levels, limitations on daily activities, the course of recovery, and the lasting impact. There is no formula. The jury hears the evidence and assigns a figure it finds fair.
Both categories sit within the same case and are both subject to Georgia’s comparative-fault rule. Under O.C.G.A. § 51-12-33, any fault attributed to the injured person reduces the total award, general and special alike, and a 50% share of fault bars recovery completely.
The bottom line ¶
General damages compensate the intangible harms the law presumes from an injury and require no set proof of amount, while special damages are the documented economic losses that must be proven. In Georgia, the jury values general damages by its enlightened conscience, whereas special damages rise or fall on the records that support them.
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.