Georgia’s New Tort Reform Law (SB 68): What It Means for Your Injury Claim

If you’ve been injured in an accident in Georgia, the rules of the game just changed — and not necessarily in your favor. Georgia tort reform SB 68 — Senate Bill 68 — was signed into law by Governor Brian Kemp on April 21, 2025, marking the most sweeping overhaul of Georgia’s civil litigation system in two decades. Whether you were hurt in a car crash on I-285, a slip and fall at a Buckhead shopping center, or a rear-end collision on I-75, this new law could directly impact how much compensation you can recover. Here’s what you need to know.

What Is Georgia’s SB 68 Tort Reform?

Senate Bill 68 is the first major tort reform legislation in Georgia since 2005. “Tort” is just a legal term for a civil wrong — like a car accident caused by a negligent driver. SB 68 changes the rules for how those claims are handled in Georgia courts, and it’s already being applied to active cases — including ones filed before the law took effect.

The law was championed by the business lobby and insurance industry, who argued that Georgia had become a “judicial hellhole” with runaway jury verdicts. Critics — including most plaintiff’s attorneys in Atlanta — argue it tilts the playing field in favor of insurance companies at the expense of ordinary injury victims. Either way, if you’ve been hurt, you need an experienced attorney who understands these new rules.

The End of “Phantom Damages” — What Changed with Medical Bills

One of the biggest changes under SB 68 involves medical damages — specifically, what are sometimes called “phantom damages.” Here’s the background: when you go to the emergency room after an accident, the hospital might bill $80,000. But your health insurance negotiates that down to $20,000, and that’s what actually gets paid. Under the old rules, your attorney could argue to the jury that the full $80,000 was the measure of your medical expenses. Under SB 68, that’s no longer allowed.

Now, Georgia law limits medical damage recovery to amounts actually paid — or “reasonably expected to be paid” — not the full billed amount. This is a significant loss for injury victims, particularly those whose health insurance kept out-of-pocket costs low.

Here’s why it matters in real terms: if an injured person had $100,000 in medical bills but their insurer paid only $30,000, the jury will now hear $30,000 — not $100,000. Since pain and suffering damages are often calculated as a multiplier of medical bills, this change ripples through the entire value of a case.

This provision applies to claims arising after April 21, 2025 (the date SB 68 was signed). If your accident happened before that date, the old rules still apply — but you should confirm this with an attorney.

The Seatbelt Gag Rule Is Gone — What That Means for You

For nearly 40 years, Georgia had the “seatbelt gag rule” — an insurance company’s attorneys could not tell the jury you weren’t wearing a seatbelt at the time of the crash. SB 68 eliminates that protection entirely.

Now, if you weren’t buckled up, defense attorneys can present that evidence to argue comparative negligence, reduce your damages, or claim your injuries would have been less severe if you had been wearing a seatbelt. This is a significant change for Georgia car accident victims.

The practical takeaway? Always wear your seatbelt. But if you weren’t wearing one at the time of your crash, don’t assume your case is lost — an experienced Atlanta personal injury attorney can still fight for fair compensation. Georgia uses a modified comparative negligence system, meaning you can still recover damages even if you were partially at fault, as long as you were less than 50% responsible (O.C.G.A. § 51-12-33).

Trial Bifurcation: Why Your Case May Now Be Split in Two

Under SB 68, either side in a bodily injury or wrongful death case can now request that the trial be “bifurcated” — split into two separate phases. Phase one covers only liability: who was at fault? Phase two, if it happens at all, covers damages: how much should the plaintiff recover?

This sounds neutral, but in practice it tends to favor defendants. Here’s why: when liability and damages are tried together, the jury sees the full picture — the injured person, their medical bills, their ongoing suffering. That context can and does affect how jurors think about fault. When the trial is split, juries in phase one decide fault without any of that human context, which can lead to lower plaintiff win rates and reduced liability findings.

Bifurcation requests must be made before the pretrial order is finalized. They can be denied if the plaintiff was a victim of a sexual offense (to avoid the distress of testifying twice), or if the total damages at stake are under $150,000.

This is another reason why how your case is prepared and presented matters more than ever under SB 68.

Restrictions on Pain and Suffering Arguments

Pain and suffering — what the law calls “noneconomic damages” — is often the largest component of a personal injury settlement. SB 68 places new restrictions on how lawyers can argue for these damages to juries:

• Attorneys cannot mention specific dollar amounts for noneconomic damages during opening statements or during the trial itself — only in closing arguments.
• Pain and suffering arguments must be “rationally related to the evidence” — meaning no more analogies like “if this CEO’s time is worth $X per hour, then surely the plaintiff’s suffering is worth at least that.” Those kinds of comparisons are now prohibited.

These restrictions make it harder to anchor juries to high noneconomic damage figures early in trial. For injury victims, your attorney’s ability to tell your story compellingly — within the new rules — matters more than ever.

Negligent Security Claims: Harder to Prove

Were you robbed, assaulted, or otherwise harmed on someone else’s property in Georgia — a parking garage, apartment complex, or retail store — because the property owner failed to provide adequate security? Those claims, known as negligent security cases, have become significantly harder to win under SB 68.

Previously, Georgia law required property owners to protect visitors from “foreseeable” criminal acts. SB 68 replaced that standard with a much more demanding test. Now, a plaintiff must prove one of two things:

• The property owner had a “particularized warning” of an imminent crime — meaning specific, concrete knowledge that a crime was about to occur; or
• By “clear and convincing evidence” (a higher standard than normal), the owner should have known a crime was likely based on prior substantially similar crimes within 500 yards of the property.

Under the old standard, evidence of general crime in an area or inadequate lighting could establish foreseeability. Under SB 68, that’s no longer enough. If you were attacked in a parking lot in Atlanta or anywhere else in Georgia, you now face a much steeper hill to hold the property owner liable.

These negligent security changes apply only to incidents that occurred after April 21, 2025.

What Injury Victims Should Do Right Now

If you’ve been injured in Georgia in any kind of accident — car crash, slip and fall, assault on commercial property — here are the most important steps you can take in light of SB 68:

• Document everything immediately. Photographs, witness contact information, police reports, and medical records are more important than ever. The new law’s changes to medical damages and foreseeability standards mean the evidence you gather at the outset is critical.
• Seek medical care right away. Delayed treatment hurts your case regardless of the law. But under SB 68, the actual amounts paid by your insurance (or out of pocket) become the baseline for medical damages — so having a clear, complete medical record matters.
• Don’t give a recorded statement to the insurance company. Insurance adjusters know how to use SB 68 to minimize your claim before you’ve spoken with a lawyer.
• Hire an experienced Georgia personal injury attorney as soon as possible. SB 68 is already being used by defense attorneys to limit recoveries. You need someone in your corner who knows these new rules.
• Be aware of Georgia’s statute of limitations. Under O.C.G.A. § 9-3-33, you generally have two years from the date of your injury to file a personal injury lawsuit in Georgia. Don’t wait — time is never your friend in these cases.

The passage of SB 68 does not mean you can’t win your case or recover fair compensation. It means the game is harder. And when the game is harder, you need a better player in your corner.

Frequently Asked Questions

Does SB 68 apply to my case if my accident happened before April 21, 2025?

It depends on the provision. Most procedural changes apply retroactively to active cases. The negligent security and phantom damages changes, however, apply only to incidents after April 21, 2025. Speak with an attorney to understand exactly how SB 68 affects your situation.

Will SB 68 prevent me from recovering compensation for my injuries?

No. SB 68 changes the rules, but Georgia law still allows injured people to recover compensation for medical bills, lost wages, pain and suffering, and other losses. The key is having experienced legal representation that knows how to navigate the new landscape.

I wasn’t wearing a seatbelt when I was hit. Does SB 68 mean I can’t recover anything?

Not necessarily. Under Georgia’s modified comparative negligence standard (O.C.G.A. § 51-12-33), you can still recover damages as long as you were less than 50% at fault for your own injuries. Not wearing a seatbelt may reduce your recovery — the jury could assign you a percentage of fault — but it doesn’t automatically bar your claim. The extent to which it hurts your case depends on the specific facts, your injuries, and how well your attorney presents your case.

How does SB 68 affect my pain and suffering damages?

SB 68 doesn’t cap pain and suffering damages in Georgia — there’s no hard dollar limit. However, the new law restricts how attorneys can argue for those damages, limiting certain analogies and preventing dollar-amount references until closing arguments. This is a trial strategy issue more than a cap on recovery, but it does mean the way your case is presented matters more than before. An experienced trial attorney who knows these new rules is essential.

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This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change frequently, and the information above reflects the law as understood at the time of publication. Please consult a licensed Georgia attorney for advice specific to your situation.

Attorney W. Buddy Huntley III | My Lawyer Is My Buddy | Atlanta, Georgia