Limits on “anchoring” after SB 68
New limits on suggesting a dollar figure for pain and suffering to the jury.
Last updated: October 6, 2026
What changed
In injury and wrongful death trials, lawyers may suggest a dollar value for noneconomic damages (pain and suffering) only within limits set by the statute: generally in closing argument, and only if the figure is rationally related to the evidence. If a lawyer breaks the rule, the court can instruct the jury to disregard the argument or declare a mistrial.
A number pulled out of the air, with no link to the evidence, is the kind of argument the new law targets. A figure tied to the evidence (how long the pain lasted, what it stopped the person from doing) is treated differently.
Illustration only, with made-up facts. Your case depends on its own facts.
Questions
Does this cap pain and suffering?
No. It limits how amounts are argued, not how much a jury can award. Georgia’s general caps on noneconomic damages were struck down years ago in medical cases.
Official sources
Look up each section in the Official Code of Georgia Annotated (free public access). Laws change; always read the current text.
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