Over the last several years the Federal Government and many State Legislatures have passed laws to limit the amount of damages individuals could recover in cases where serious injuries or death occurred due to the fault of others.Unfortunately, Georgia has been one of those states. The most common "Cap" on damages has been in medical malpractice cases, but the strategy to limit legitimate recoveries has not been directed just to the negligence of doctors or hospitals.
When an individual is wrongfully injured or a loved one is killed and substantial damages should be recovered under law, these measures to deprive the average person of their rights have been terribly unfair and unconstitutional. The tactics to have these damage caps passed throughout the country have been promoted by the insurance industry, big business and others to put their interests ahead of the folks.
We are finally beginning to see a trend back to sanity, where these damage caps are being declared unconstitutional, overturned and rights of individuals restored. Most recent examples are from the State of Tennessee where an effort to cap nursing home damage claims failed; and in Nevada where a cap on damages has been removed by the state legislature.
Here in Georgia, the Supreme Court is expected to rule in the near future on whether the cap of $350,000.00 for pain and suffering in a medical malpractice case is unconstitutional. At our Atlanta, Georgia personal injury law firm we have many cases that merit a recovery far in excess of the damage caps. We have actively been involved in the fight to overturn the limit on damages and are hopeful that this unjust law will soon be repealed.