What Is the Difference Between Economic and Noneconomic Damages in a Georgia Injury Case?
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Economic damages are money losses; noneconomic damages are everything else. Since 2025, Georgia’s statute on arguing damages, O.C.G.A. § 9-10-184(a), defines both terms for its own purposes: economic damages are “pecuniary damages recoverable in tort for bodily injury or wrongful death”, and noneconomic damages are “all damages recoverable in tort for bodily injury or wrongful death other than economic damages”. The difference matters for how each is proven and argued, and for which of Georgia’s damages limits can touch them.
The statutory lists
| Economic damages (§ 9-10-184(a)(1)) | Noneconomic damages (§ 9-10-184(a)(2)) | |
|---|---|---|
| Listed examples | Past and future medical expenses; costs of rehabilitation and therapy; loss of wages; loss of income; loss of earning capacity; loss of services the injured or deceased person performed, including domestic services performed without pay; funeral or burial expenses | Physical or emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and, in wrongful death cases, the nonpecuniary elements of the full value of life |
| How proven | Bills, pay records, tax returns, and expert projections | Testimony about how the injury affected the person's life |
| How the amount is set | Proved, since special damages "must be proved in order to be recovered" (§ 51-12-2(b)) | "The enlightened conscience of an impartial jury" (§ 9-10-184(b)) |
| What lawyers may say about the amount | Ordinary evidence and argument | No testimony about a specific amount; argument only after the close of evidence and rationally related to it (§ 9-10-184(b), (c)) |
Both lists begin with “including, but not limited to”, so they are examples, not complete catalogs. The definitions are written “as used in this Code section”, for § 9-10-184 itself.
Two related Georgia classifications
- General and special damages. Section 51-12-2 divides damages differently: general damages “are those which the law presumes to flow from any tortious act” and “may be recovered without proof of any amount”, while special damages “actually flow from a tortious act” and “must be proved in order to be recovered”. Medical expenses are special damages, and since 2025 § 51-12-1.1 limits them to “the reasonable value of medically necessary care, treatment, or services” for claims arising on or after April 21, 2025.
- Injury only to feelings. Where “the entire injury is to the peace, happiness, or feelings of the plaintiff”, § 51-12-6 provides that “no measure of damages can be prescribed except the enlightened consciences of impartial jurors”, and punitive damages under §§ 51-12-5 and 51-12-5.1 are not awarded. Distress claims with no physical injury are limited by Georgia’s impact rule for emotional distress claims.
Which damages limits touch which category
| Limit | What it reaches |
|---|---|
| Medical malpractice noneconomic cap (§ 51-13-1) | Noneconomic damages only; the Supreme Court of Georgia held it unconstitutional as applied to pain and suffering in Nestlehutt (2010) and reaffirmed that holding in Clark v. Leigh (2026) |
| Tort Claims Act limit (§ 50-21-29) | Every category, including economic damages, in a claim against the State |
| $250,000 punitive damages cap (§ 51-12-5.1(g)) | Punitive damages, which are awarded "solely to punish, penalize, or deter a defendant" (§ 51-12-5.1(c)), not to compensate |
So “economic damages are never capped” is not accurate for a claim against the State. Each limit is explained in its own article: whether there is a cap on pain and suffering in a malpractice case, ante litem notice and claims against the State, and when you can recover punitive damages.
Building both parts of a claim
- Gather every bill, pay record, and tax return that documents a money loss.
- For future losses, line up the medical and economic testimony that supports the amount; see lost wages and loss of earning capacity.
- For noneconomic damages, identify the witnesses who saw the change in daily life, and remember that the 2025 rules leave any dollar figure to closing argument; see how pain and suffering is valued.
Sources
- Senate Bill 68 (2025), as passed, LC 49 2362S, §§ 1, 7.
- O.C.G.A. §§ 51-12-2, 51-12-6 (text as published March 2024).
General information about Georgia law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.