2021 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 1 - General Provisions
§ 51-12-1. Types of Damages; Evidence Admissible in Actions Involving Special Damages
- Damages may be either general or special, direct or consequential.
- In any civil action, whether in tort or in contract, for the recovery of damages arising from a tortious injury in which special damages are sought to be recovered or evidence of same is otherwise introduced by the plaintiff, evidence of all compensation, indemnity, insurance (other than life insurance), wage loss replacement, income replacement, or disability benefits or payments available to the injured party from any and all governmental or private sources and the cost of providing and the extent of such available benefits or payments shall be admissible for consideration by the trier of fact. The trier of fact, in its discretion, may consider such available benefits or payments and the cost thereof but shall not be directed to reduce an award of damages accordingly.
(Orig. Code 1863, § 3001; Code 1868, § 3014; Code 1873, § 3069; Code 1882, § 3069; Civil Code 1895, § 3909; Civil Code 1910, § 4506; Code 1933, § 105-2005; Ga. L. 1987, p. 915, § 3.)
Law reviews.- For article, "Georgia's New Collateral Source Rule," see 39 Mercer L. Rev. 1 (1987). For article, "Recovery of Lost Profit Damages for Business Interruption or Destruction," see 28 Ga. St. B. J. 63 (1991). For annual survey on law of evidence, see 43 Mercer L. Rev. 257 (1991). For article, "The Georgia Jury and Negligence: The View From the (Federal) Bench," see 27 Ga. L. Rev. 59 (1992). For note, "The Collateral Source Rule in Georgia: A New Method of Equal Protection Analysis Brings a Return to the Old Common Law Rule," see 8 Ga. St. U.L. Rev. 835 (1992).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Evidence in Special Damages Cases
RESEARCH REFERENCES
Am. Jur. 2d.
- 22 Am. Jur. 2d, Damages, §§ 1 et seq., 18.
C.J.S.- 25 C.J.S., Damages, § 2.
ALR.- Separate trial of issues of liability and damages in tort, 85 A.L.R.2d 9.
Validity and construction of state statute abrogating collateral source rules as to medical malpractice actions, 74 A.L.R.4th 32.
