Our Chicago Injury Attorneys are happy to hear that the Georgia Supreme Court, as did the Illinois Supreme Court, ruled that limits on non-economic damages in personal injury, cases is unconstitutional.

Non-economic damages cap is unconstitutional

ATLANTA—The Georgia Supreme Court has declared that caps on non-economic damages in medical malpractice cases are unconstitutional

In the matter of Atlanta Oculoplastic Surgery P.C. vs. Nestlehutt et al, the Court unanimously held that the $350,000 cap on non-economic damages violated the state constitution’s guarantee of the right to a jury trial. The cap was part of Georgia’s Tort Reform Act of 2005.

Another blow to the insurance lobby who plows millions of dollars into an effort to limit people’s right to recover after an injury.

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