Georgia SB 68: How New Tort Reform Law Hurts Victims

🔍 What Is SB 68?

Senate Bill 68 is a sweeping reform to Georgia’s civil justice system, significantly altering how personal injury and wrongful death cases are litigated. It affects rules around evidence, damages, liability, discovery, legal procedures, and negligent security claims. The bill passed in 2024 and includes changes across several Titles of the Georgia Code, including Titles 9, 40, and 51.

👩‍⚖️ What SB 68 Means for Plaintiffs

SB 68 poses several challenges for plaintiffs in personal injury cases, especially those seeking compensation for pain, suffering, and medical bills:

1. Limits on Pain & Suffering Testimony

• Plaintiffs’ attorneys are restricted from mentioning specific dollar amounts for non-economic damages (pain, suffering, loss of enjoyment) during trial, except under strict guidelines.
• This weakens the emotional appeal that often sways juries to award higher verdicts.

2. Medical Bills Under Greater Scrutiny

• Recovery for medical expenses is limited to the “reasonable value” of care.
• Plaintiffs must disclose if bills are under a Letter of Protection (LOP) and whether medical debts were sold to third parties at a discount.
• The collateral source rule is weakened, allowing defense attorneys to introduce insurance payments and negotiated rates into evidence—potentially lowering awards.

3. Negligent Security Claims Weakened

• Higher thresholds are set for proving liability against property owners for third-party crimes (e.g., shootings at apartment complexes).
• Plaintiffs must prove specific prior crimes or “particularized warnings” were known to the property owner, which is often difficult to establish.

4. Changes to Discovery & Dismissal Rules

• Civil discovery is automatically stayed for 90 days if a motion to dismiss is filed early.
• Plaintiffs must now file detailed answers more quickly, and voluntary dismissals are limited to within 60 days of service unless approved by the court.

5. Bifurcated Trials (Two-Phase Trials)

• Upon request, trials can be split into phases: first determining fault, then calculating damages. This may reduce jury sympathy by isolating emotional impact.

6. Limits on Attorney’s Fees and Fee Evidence

• Contingency fee agreements cannot be used as evidence of reasonable attorney fees.
• Double recovery of fees and costs under multiple statutes is now banned unless explicitly authorized.

💸 Impact on Insurance Rates

• Proponents argue that SB 68 will reduce “nuclear verdicts” and lower insurance premiums by capping inflated damage awards and making claims more predictable.
• Critics counter that there’s no guarantee insurers will pass savings on to consumers, and the law may reduce compensation for genuinely injured parties, shifting more financial burden onto them and taxpayer-funded programs.

⚖️ Bottom Line for Plaintiffs

SB 68 tilts the playing field toward defendants—particularly insurers, property owners, and corporations. It:

• Reduces potential jury awards
• Raises the evidentiary bar for plaintiffs
• Makes it harder to recover full medical costs
• Complicates negligent security lawsuits

Plaintiffs and their attorneys will need to adjust litigation strategies to comply with new limitations and prepare for more defense-friendly trial procedures.