In a Georgia truck accident case where a plaintiff has suffered visible scarring or permanent disfigurement, the question of compensation for that harm is one the jury decides. Because the jury decides it, the trial judge instructs the jury on the relevant legal principles. Scarring and disfigurement damages are part of the larger category of non-economic, or general, damages, and Georgia law treats them as an element of pain and suffering that the jury is charged to consider.
How Georgia classifies scarring and disfigurement damages
Damages in Georgia personal injury cases divide broadly into two groups. Economic, or special, damages compensate for measurable financial losses such as medical bills and lost wages. Non-economic, or general, damages compensate for intangible harms that do not come with a receipt.
Scarring and disfigurement fall on the non-economic side. Under Georgia law, a plaintiff may recover for the mental pain and suffering and for the shame and mortification that result from disfigurement or mutilation caused by a tortious injury. In other words, disfigurement damages are not treated as a freestanding category separate from pain and suffering; they are recognized as a component of the plaintiff’s pain and suffering. The compensable harm includes both the physical reality of the altered appearance and the emotional consequences that flow from it, such as embarrassment and self consciousness.
The general measure of damages for tort is found in O.C.G.A. 51-12-4, which provides that damages are given as compensation for injury and, where the injury is small or the mitigating circumstances are strong, nominal damages may be awarded.
Why a jury instruction is given
In Georgia, the amount of compensation for pain and suffering, including the disfigurement component, is committed to the jury. Georgia law describes the measure as the enlightened conscience of impartial jurors, acting under the sanctity of their oath, with fairness to the defendant. There is no fixed formula and no mathematical table. Because the determination belongs to the jury, the trial court must explain to the jurors what they may consider and how to approach the task.
That explanation comes in the form of jury instructions, also called the jury charge. The trial judge instructs the jury on the issues to be decided and the rules of law that apply. When the evidence in a truck accident case includes proof of scarring or permanent disfigurement, an instruction addressing that element of damages is appropriate so the jury understands that it may compensate for that harm and the emotional consequences associated with it.
What the instruction typically addresses
Georgia’s pattern jury instructions, maintained by the Council of Superior Court Judges of Georgia, include charges addressing damages in personal injury cases, including instructions on pain and suffering and on scars or disfigurement. While the exact wording used in any given trial is a matter for the court, instructions on pain and suffering commonly tell jurors that they may consider factors such as interference with normal living, interference with the enjoyment of life, impairment of bodily health and vigor, the shock of impact, actual pain and suffering both past and future, mental anguish past and future, and the extent to which the plaintiff must limit activities. For disfigurement specifically, the instruction reflects the principle that the shame and mortification associated with an altered appearance is itself compensable.
An instruction also conveys the standard by which the jury measures these damages, namely the enlightened conscience of fair and impartial jurors. The charge makes clear that there is no precise yardstick and that the jury exercises judgment within the bounds of fairness.
The requirement that instructions fit the evidence
A jury instruction on scarring and disfigurement is not given in every case automatically. Georgia law requires that jury charges be adjusted to the evidence and the issues actually presented. A charge on disfigurement is appropriate when the record contains evidence supporting it, such as testimony, photographs, or medical proof of a permanent scar or other lasting change in appearance. If a plaintiff has not put forward evidence of disfigurement, a charge on that subject would not be warranted. The principle is that instructions track the proof.
Objections to jury charges in Georgia civil cases are also governed by procedural rules. Parties generally must raise objections to the charge before the jury retires to deliberate, which gives the trial court the opportunity to correct any error. This procedure applies to a disfigurement instruction the same way it applies to any other charge.
No statutory cap in ordinary truck accident cases
A related point concerns limits on the amount of these damages. In ordinary personal injury cases, Georgia does not cap non-economic damages such as pain and suffering. The Supreme Court of Georgia held that a statutory cap on non-economic damages in a particular category of cases violated the constitutional right to a jury trial. As a result, in a typical truck accident case the jury’s award for pain and suffering, including the scarring and disfigurement component, is not subject to a fixed statutory ceiling. The jury’s discretion, exercised under the enlightened conscience standard, governs the amount.
Summary
Non-economic damages for scarring and disfigurement in Georgia truck accident cases are indeed the subject of jury instruction. Georgia law treats disfigurement as an element of pain and suffering, recognizing compensation for the shame and mortification that flow from an altered appearance. Because the amount is decided by the jury under the enlightened conscience standard, the trial court instructs the jury on the principles involved, and Georgia’s pattern jury instructions include charges on pain and suffering and on scars or disfigurement. The instruction is given when the evidence supports it, and in ordinary cases the resulting award is not subject to a statutory cap.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
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