How Georgia’s New Tort Reform Law (SB 68) Affects Your Personal Injury Case

If you were injured in an accident in Georgia, the legal landscape for your personal injury case changed significantly when Governor Brian Kemp signed Senate Bill 68 (SB 68) into law on April 21, 2025. Known as the Georgia Tort Reform Act, this sweeping legislation affects how medical damages are calculated, what evidence can be presented at trial, and how juries evaluate your claim. Understanding these changes is critical if you want to protect your right to full and fair compensation under the new Georgia tort reform SB 68 provisions.

At Holston & Huntley, we believe every injured Georgian deserves to understand how this law impacts their case. Below, we break down the key changes, what they mean for accident victims across Atlanta and the state, and what you can do to strengthen your claim under the new rules.

What Is Georgia Senate Bill 68?

Senate Bill 68 is the most comprehensive tort reform legislation Georgia has enacted since 2005. Backed by business groups and the insurance industry, SB 68 introduces both procedural and substantive changes to how personal injury and wrongful death cases are handled in Georgia courts. The stated goal was to address rising insurance costs and what supporters called a growing number of excessive jury verdicts. However, for injured Georgians, these changes create new obstacles to recovering the compensation they need and deserve.

The law applies to causes of action arising on or after April 21, 2025, although some provisions apply retroactively to pending lawsuits. If you were hurt in a car accident, truck wreck, slip and fall, or any other incident in Georgia after that date, SB 68 directly affects your case.

Key Changes Under SB 68 That Affect Your Personal Injury Case

1. The End of “Phantom Damages” — Medical Bill Evidence Has Changed

One of the biggest changes under SB 68 involves how medical damages are presented to a jury. Previously, under Georgia’s collateral source rule, plaintiffs could present the full amount billed by medical providers — even if their insurance company negotiated and paid a much lower amount. This allowed juries to see the true cost of medical care as billed.

Under the new law (codified at O.C.G.A. § 51-12-12.1), defendants can now introduce evidence showing how much was actually paid by insurance or other benefit programs to satisfy those charges. This means juries may see significantly lower numbers when evaluating your medical damages, which can directly reduce the value of your settlement or verdict.

For example, if your hospital billed $50,000 for surgery but your health insurer paid $18,000 to settle the bill, the defense can now show the jury that $18,000 figure. This is a dramatic shift that can substantially lower the compensation you receive for your injuries.

What this means for you: It is more important than ever to work with a personal injury attorney who understands how to properly document and present your medical expenses. At Holston & Huntley, we work with medical experts and life care planners to ensure that every dollar of your current and future medical needs is accounted for — not just what insurance happened to pay.

2. Seat Belt Evidence Is Now Admissible

For decades, Georgia had what was commonly called the “seat belt gag rule.” Under the old version of O.C.G.A. § 40-8-76.1, evidence that an injured person was not wearing a seat belt could not be presented to the jury. That protection is now gone.

Under SB 68, evidence of whether you were wearing a seat belt at the time of a motor vehicle accident can now be considered on issues of negligence, comparative negligence, causation, assumption of risk, and fault apportionment. This means if you were not buckled up when another driver caused a crash, the defense can argue that your injuries were partly your own fault — potentially reducing your recovery under Georgia’s modified comparative negligence system.

Under O.C.G.A. § 51-12-33, Georgia follows a 50 percent bar rule: if you are found to be 50 percent or more at fault, you recover nothing. Seat belt evidence could tip the scales in close cases.

3. Trial Bifurcation — Splitting Your Case Into Two Phases

SB 68 introduces the right for either party to request that a personal injury or wrongful death trial be split into two separate phases, known as bifurcation. In the first phase, the jury decides only whether the defendant is liable and how fault is apportioned. If liability is established, a second phase addresses compensatory damages, including medical bills, lost wages, and pain and suffering.

While this may sound procedural, bifurcation can have a significant practical impact. When jurors hear about serious injuries and mounting medical bills during the liability phase, it often reinforces the urgency and reality of the plaintiff’s case. Splitting the trial removes that human element from the first phase, which can make it harder to prove your case effectively.

4. Limits on Pain and Suffering Arguments

SB 68 restricts how your attorney can argue noneconomic damages — like pain and suffering, emotional distress, and loss of enjoyment of life — to the jury. Under the amended statute, arguments about the monetary value of noneconomic damages must be “rationally related to the evidence” and cannot include references to objects or values with no connection to the facts of the case.

In practice, this means certain persuasive techniques that plaintiff attorneys have used for years to help juries understand the real impact of serious injuries may no longer be permitted. Your attorney needs to be familiar with these new restrictions and adapt their trial strategy accordingly.

5. Changes to Negligent Security and Premises Liability Claims

If you were injured due to inadequate security at an apartment complex, shopping center, parking garage, or other property in Georgia, SB 68 significantly changes the legal framework for your claim. Under the new provisions (codified at O.C.G.A. §§ 51-3-50 to 51-3-57), property owners are not required to exercise extraordinary care or assume the responsibilities of law enforcement.

The law also establishes different standards of care for invitees (customers, tenants) versus licensees (social guests), and it allows fault to be apportioned to third-party criminal actors. This can dramatically reduce a property owner’s share of liability, even when their negligence contributed to a dangerous situation.

6. Limits on Attorney’s Fees Recovery

Under the new O.C.G.A. § 9-15-16 amendments, SB 68 limits the recovery of attorney’s fees, court costs, and litigation expenses to a single award per case, regardless of how many claims or statutory grounds exist. While this is more of a procedural change, it can affect the overall economics of pursuing complex personal injury cases with multiple defendants or legal theories.

How SB 68 Affects the Value of Your Personal Injury Case

The combined effect of these changes is clear: SB 68 gives insurance companies and defendants more tools to minimize what they pay to injured Georgians. When juries see lower medical bill amounts, hear about seat belt non-use, and have limited context about pain and suffering, average verdicts and settlements are likely to decrease.

This does not mean you cannot recover fair compensation. It means you need a law firm that understands the new rules and knows how to build the strongest possible case within this framework. At Holston & Huntley, we have already adapted our case preparation strategies to account for every provision of SB 68.

What You Should Do If You Have Been Injured After April 21, 2025

Given the new legal landscape created by SB 68, here are the steps we recommend to protect your personal injury claim in Georgia:

Seek medical attention immediately. Thorough medical documentation is more important than ever now that defendants can challenge the amounts billed for your care. Make sure every injury is documented from day one.

Preserve all evidence. Photos of the accident scene, witness contact information, dashcam footage, and police reports are essential building blocks for your case. With bifurcation now possible, strong liability evidence is critical.

Do not give recorded statements to insurance companies. Insurers will use every tool SB 68 gives them to reduce your claim. An early recorded statement can be used against you, especially regarding seat belt use or fault allocation.

Contact a personal injury attorney as soon as possible. The complexities introduced by SB 68 make it even more important to have experienced legal representation early in the process. An attorney can ensure your medical treatment is properly documented, your damages are accurately calculated, and your case is prepared for the new trial procedures.

Frequently Asked Questions About Georgia’s Tort Reform Law (SB 68)

Does SB 68 apply to accidents that happened before April 21, 2025?

It depends on the specific provision. The changes to negligent security claims and medical bill evidence (phantom damages) apply only to causes of action arising on or after April 21, 2025. However, several other provisions — including trial bifurcation, seat belt evidence, and restrictions on noneconomic damages arguments — apply retroactively to existing lawsuits and all future cases. If your accident occurred before that date, consult with an attorney to understand exactly which provisions affect your claim.

Can I still recover full compensation for my medical bills under SB 68?

You can still pursue compensation for the full extent of your injuries, but how medical damages are presented to the jury has changed. Defendants can now show what your insurance actually paid rather than the full amount billed. This makes it essential to work with an attorney who can present your economic damages comprehensively, including future medical needs, out-of-pocket expenses, and costs not covered by insurance.

How does the seat belt rule change affect my car accident case?

If you were not wearing a seat belt at the time of your accident, the defense can now present that fact to the jury. Under Georgia’s comparative negligence system, this could reduce your recovery if the jury finds that your failure to wear a seat belt contributed to the severity of your injuries. However, not wearing a seat belt does not prevent you from filing a claim — it is one factor among many that the jury will consider.

Should I still file a personal injury claim after SB 68?

Absolutely. While SB 68 introduces new challenges, it does not eliminate your right to seek compensation when someone else’s negligence causes your injuries. Georgia law still requires at-fault parties and their insurers to compensate victims for medical expenses, lost wages, pain and suffering, and other damages. The key is working with a knowledgeable attorney who understands how to navigate the new rules effectively.

What is comparative negligence and how does it work in Georgia?

Georgia follows a modified comparative negligence system under O.C.G.A. § 51-12-33. This means your compensation is reduced by your percentage of fault in causing the accident. If a jury determines you were 20 percent at fault, your award is reduced by 20 percent. However, if you are found to be 50 percent or more at fault, you are barred from recovering any compensation. SB 68 makes this even more significant because new types of evidence — like seat belt non-use — can now factor into fault determinations.

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This article is for informational purposes only and does not constitute legal advice.

Attorney W. Buddy Huntley III | Holston & Huntley, LLC | Atlanta, Georgia