Is there a cap on the amount of personal injury damages I can recover for my injuries?

Like many states during the “medical malpractice crisis” in the middle of this decade, the Georgia Legislature in 2005 imposed a cap on noneconomic damages in medical malpractice lawsuits of $350,000. A trial judge in Fulton County, Georgia has struck down Georgia’s cap in medical malpractice cases, if in fact in the legislature’s cap of $350,000 for noneconomic damages was unconstitutional in its affording of special protections to doctors. At the time of this writing, the Georgia Supreme Court had heard arguments in this case and is expected to render a ruling. In Georgia auto accident and product liability cases, Georgia does not have a cap on noneconomic damages.

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