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Georgia Anchoring Rule: Arguing Pain and Suffering Value

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Since 2025, Georgia law tightly controls when a lawyer can tell a jury how much your pain and suffering is worth. The lawyer can give a number only in closing argument, and the number must be tied to the evidence. No one can mention a dollar figure for pain and suffering during jury selection or while witnesses testify.

What the Law Says

O.C.G.A. § 9-10-184, Argument regarding noneconomic damages, states in part:

(b) Except as otherwise provided in subsection (c) of this Code section, in the trial of any action to recover damages for bodily injury or wrongful death, counsel shall not argue the worth or monetary value of noneconomic damages, and counsel shall not, in the hearing of the jury or any prospective juror, elicit any testimony regarding, or make any reference to, any specific amount or range of amounts of noneconomic damages, the measure of such damages being the enlightened conscience of an impartial jury.

(c)(1) In the trial of any action to recover damages for bodily injury or wrongful death, counsel for any party shall be allowed to argue the worth or monetary value of noneconomic damages only after the close of evidence and at the time of such party’s first opportunity to argue the issue of damages, provided that such argument shall be rationally related to the evidence of noneconomic damages and shall not make reference to objects or values having no rational connection to the facts proved by the evidence.

(2) If counsel is entitled to the opening and concluding arguments, then counsel shall not be allowed to argue the worth or monetary value of noneconomic damages during such counsel’s concluding argument unless counsel has argued the worth or monetary value of noneconomic damages during such counsel’s opening argument, and such counsel shall not argue a different worth or monetary value of noneconomic damages in concluding arguments than was argued in such counsel’s opening argument.

Subsection (a)(2) defines the key term:

(2) “Noneconomic damages” means all damages recoverable in tort for bodily injury or wrongful death other than economic damages, including, but not limited to, damages for 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.

You can read the full statute on the Georgia General Assembly’s official code site. The 2025 changes come from Senate Bill 68.

In Plain English

Your damages in an injury case come in two kinds. “Economic damages” are losses with a clear price tag, like medical bills and lost wages. “Noneconomic damages” cover things that have no price tag, like pain, worry, scars, and loss of enjoyment of life. Georgia has no fixed formula for these. The law says the measure is “the enlightened conscience of an impartial jury.” That means the jury uses its own fair judgment.

For years, some lawyers used a tactic called “anchoring.” The lawyer would plant a very large number early in the trial. For example, a lawyer might ask jurors during jury selection if they could award $20 million. Or a lawyer might compare a client’s pain to the price of a fighter jet or a famous painting. The idea was to make the jury’s later award feel small by comparison.

SB 68 rewrote this statute to stop that practice. Here are the new rules. First, no one can mention a specific dollar amount or range for pain and suffering while picking the jury or while witnesses are on the stand. Second, a lawyer can suggest a number only in closing argument, after all the evidence is in. Third, the number must be “rationally related” to the evidence. The lawyer cannot compare your pain to the cost of unrelated things.

There is also a fairness rule for the plaintiff’s lawyer. In Georgia, the plaintiff usually gets to speak first and last in closing. Under subsection (c)(2), if that lawyer wants to name a number, the lawyer must do it in the first closing speech. The lawyer cannot save the number for the final speech when the other side cannot respond. And the number cannot change between the two speeches.

If a lawyer breaks these rules, subsection (d) says the judge must take corrective steps. That can include a warning to the jury or, during jury selection, sending the affected jurors home. Subsection (e) still lets a lawyer ask jurors whether they could return a verdict with no damages, or a verdict over “some unspecified amount,” if the evidence supports the question.

This rule applies to the trial itself, not to settlement talks. Your lawyer can still discuss dollar figures with the insurance company. The bill made this section apply to cases already pending on April 21, 2025, unless a court finds that would be unconstitutional.

Example

Andre is hit by a delivery truck in Augusta on May 5, 2025. He suffers a back injury that leaves him with daily pain. His case goes to trial in 2026. Andre’s medical bills are $85,000 and his lost wages are $30,000. Those are economic damages, and his lawyer can present those numbers through witnesses.

Andre’s lawyer cannot ask jurors during jury selection whether they could award $5 million for pain. She also cannot have Andre’s doctor say what his pain is worth. After all the evidence is in, she gives her first closing argument. She walks through the evidence of Andre’s daily pain, his lost hobbies, and his trouble sleeping. She then asks the jury for $600,000 in noneconomic damages and explains how that ties to the evidence. In her final rebuttal speech, she can repeat $600,000 but cannot raise it to $900,000.

Key Points to Remember

  • Noneconomic damages cover pain, suffering, worry, scars, and loss of enjoyment of life.
  • The measure of these damages is the enlightened conscience of an impartial jury.
  • No dollar figure for pain and suffering can be mentioned during jury selection or witness testimony.
  • A lawyer can argue a number only in closing, after the evidence is done.
  • The number must be tied to the evidence, not to unrelated objects or values.
  • If the plaintiff’s lawyer names a number, it must come in the first closing speech and cannot change.
  • The judge must take corrective steps if a lawyer breaks these rules.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.