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The new tort reform law in Georgia is changing how injury victims seek justice throughout the state. As Governor Brian Kemp signed Senate Bill 68 on April 21, 2025, it has brought fundamental changes to how injury cases are handled. If you are planning to file a personal injury lawsuit in Georgia, you must learn about these reforms since they affect not only the damage calculation but also the courtroom procedures.
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Key Changes Under The SB68 Law
With the implementation of the new Senate Bill 68, several basic premises for introducing evidence and calculating compensation in court have been changed. Some key changes in the Georgia tort reform law include:
Phantom Damages Eliminated
The new legislation addresses phantom damages, which are awards based on inflated medical bills never actually paid. Previously, plaintiffs could claim the full billed amount for medical services. Now, only amounts that have actually been paid or are reasonably expected to be paid can be recovered. This change significantly affects motor vehicle accident cases, where medical bills often differ from actual payments.
Trial Bifurcation Options
Either party in bodily injury and wrongful death cases can now request bifurcation into separate liability and damages phases. Under the new GA SB68, the bifurcation will be rejected if the amount in controversy is under $150,000.
Seat Belt Evidence Now Admissible
The new law now allows the long-lasting “seat belt gag rule” to be eliminated. The courts are now able to consider whether a plaintiff wore or did not wear a seatbelt during the determination of negligence and causation.
Changes to Negligent Security Claims
Property owners now have a clear and specified legal framework that distinguishes between the standards for invitees and licensees. The changes to SB68 Georgia legislation will make it harder for property owners to escape accountability in premises liability incidents. The property owners will now have to be aware of the exact wrongful acts that are about to happen, instead of simply being aware of the general foreseeability of crime.
Procedural Reforms That Impact Your Case
Beyond substantive changes to damages, the legislation also encompasses new procedural mechanisms that alter litigation timelines and strategies.
Streamlined Motion to Dismiss Process
Defendants can now file a motion to dismiss instead of an answer, with discovery stayed pending the court’s ruling. This Georgia SB68 change allows defendants to challenge cases earlier in the litigation process.
Restrictions on Voluntary Dismissals
Under previous Georgia law, plaintiffs could dismiss cases without prejudice any time before the first witness was sworn. The new provision prevents plaintiffs from dismissing and refiling cases to gain tactical advantages. The change aims to reduce litigation delays and forum shopping practices, demonstrating how this new law significantly shortens timeframes, making strategic dismissals more challenging.
How These Changes Affect Injury Victims
The new Georgia tort reform law 2025 creates both challenges and considerations for Georgia injury victims. The new procedures cause cases to take longer, and evidence rules are now more restrictive. Wrongful death claims face similar hurdles. The reforms affect what evidence you can present, how your case is heard, and how much compensation you can recover.
Protecting Your Rights Under These Changes in Tort Reform Law
Navigating the new reformed civil justice system requires experienced legal guidance. Whether you have been injured in a truck accident, suffered a slip and fall, or experienced any other injury, knowing about how these reforms in GA SB68 affect your case is essential. The new procedural requirements and evidence restrictions require attorneys to stay current with evolving Georgia law.
Get Experienced Legal Representation Today
At Southside Injury Law, we have expert personal injury lawyers who are aware of the effects these laws have on your claims. We keep ourselves well-informed about the evolving Georgia law to ensure we properly represent those who have been injured. Don’t let Georgia’s new tort reform law prevent you from seeking the compensation you deserve.
If you’ve been injured due to someone else’s negligence, contact us today. Call (770) 703-6008 or toll-free at (800) 393-8595 or reach out through our Contact Us page to schedule a consultation. Let our dedicated team guide you through Georgia’s reformed civil justice system and fight for your rights.