Governor Kemp Signs Georgia Senate Bill 68 (SB 68) Into Law, Which Will Have a Major Impact on Injury Lawsuits Moving Forward
Governor Brian Kemp has recently signed Georgia Senate Bill 68 (SB 68). It is a major piece of tort reform that will impact many injury claims within the state of Georgia. Proponents of the legislation argue that it will protect business owners from claims that they believe are frivolous. The bill was signed into law on April 21, 2025. Here are some of the ways that injury claims may be impacted.
The Bill Limits Arguments Attorneys Can Make For Non-Economic Damages
The bill restricts attorneys from being able to argue that their clients should receive specific amounts of non-economic damages for pain and suffering. As outlined by the bill, “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.” This restriction drastically limits an attorney’s ability to help a jury understand the extent to which an accident has caused a victim to suffer or otherwise impacted their life.
The Bill Allows for Delays in Legal Proceedings that Benefit Insurance Providers
Another negative consequence of the bill is that it would allow for unnecessary delays in legal proceedings through motions. In fact, this would allow insurance providers to drag out the legal process so that they will be able to achieve a better resolution on their end. One of the major tactics that insurance providers use is to simply drag out the length of time that it takes for a case to resolve. This is done in the hopes that accident victims will be more likely to settle for a lower amount.
The Bill Makes it More Difficult to Refile Cases
In certain situations, injured parties are able to refile cases. This is particularly the case when they face unforeseen complications. Consider, for example, the following situations.
- An accident victim may discover additional injuries.
- A claim may have inadvertently been filed against the wrong defendant.
- An insurance company may try to deny a claim for some type of technical reason.
- A claim may have been filed in the wrong jurisdiction.
- A claim may have some set of procedural errors, such as missing paperwork.
But this bill makes it harder to refile cases in many situations. These types of tactics make it more difficult for legitimate victims to seek justice. They tipped the scales in favor of insurance providers and their clients.
Plaintiffs Will Need to Prove They Used a Seatbelt in Certain Situations
One of the most consequential aspects of the bill is that it requires victims of car accidents to demonstrate that they were wearing a seatbelt if the defense raises this as an issue. Prior to the passage of the bill, seatbelt non-use was inadmissible under the rules of evidence. Accordingly, this would allow insurance providers to reduce payouts, depending on whether or not a victim was wearing a seatbelt.
The Bill Lowers the Compensation Victims Can Receive For Medical Expenses
In most personal injury claims, accident victims will be able to recover for the cost of the medical bills that they accrue. The cost of these bills is not determined by the victim. They are whatever a hospital or healthcare provider chooses to charge at any given moment. But Georgia Senate Bill 68 (SB 68) creates another roadblock for victims who are looking to be fairly compensated for the medical bills that they collect. It permits defendants to argue for paying the “reasonable value” of medical expenses rather than the actual charges that a victim receives. This needlessly makes it harder for injury victims to recover for all of the medical bills that they are charged.
The Bill Makes it Harder For Victims to Recover In Negligent Security Claims
SB 68 makes it much more difficult for injury victims to recover damages if they’ve been harmed in a negligent security case. The bill stipulates that liability may apply if an injury was reasonably foreseeable to the owner because they had “particularized warning of imminent wrongful conduct by a third person” or reasonably should have known that the third person was likely to engage in wrongful conduct. This is a very high bar that makes it difficult for anyone to successfully recover for a negligent security claim.
Getting Legal Help for Georgia Injury Cases
In short, SB 68 has numerous negative impacts on victims seeking to pursue fair compensation for their injuries. It benefits property owners, business owners, insurance providers, and the well-off at the expense of ordinary citizens. It also dramatically complicates being able to successfully recover for an injury claim in Georgia. This makes it all the more important that accident victims seek the guidance of an experienced Georgia personal injury attorney.
According to Matt Kahn, a personal injury lawyer at Butler Kahn, “Victims must be cautious in choosing legal representation—an inexperienced attorney could ruin a case under these new restrictions.” The Georgia personal injury lawyers at Butler Kahn are well aware of how SB 68 may impact your personal injury case. They will do everything in their power to ensure that you get the best outcome possible under the new guidelines. Whether you just have legal questions or are thinking about hiring an attorney for a specific case, we are here for you. You can contact our office anytime at 678-940-1444.
