Georgia’s New Tort Reform Laws and Their Impact on Personal Injury Claims

Civil litigation in Georgia changed dramatically in April 2025, when Governor Brian Kemp signed Senate Bills 68 and 69 into law. Supporters call the new tort reform measures a necessary check on excessive litigation. But for individuals injured through no fault of their own, the legal terrain has grown significantly more difficult to interpret.

While insurers may be quick to tell you what these reforms mean for your case, that doesn’t mean their interpretation is correct or complete, and injured people shouldn’t just take insurance adjusters’ words for it. These laws are complex, and their impact will take time to unfold.

For anyone pursuing compensation after a serious accident, speak with an experienced Atlanta personal injury attorney who can explain how the new rules may affect your rights.

Understanding the New Tort Reform Laws

Senate Bill 68 focuses on liability rules, damages, and courtroom procedures, while Senate Bill 69 regulates litigation funding and discovery. Both are designed to reduce large verdicts and limit exposure for defendants, particularly businesses, property owners, and insurers.

Impacts of the new legislation are still hotly debated. While insurance companies may offer early conclusions, injured parties should exercise caution. These are untested laws; their reach, and their limits, will be clarified through ongoing litigation and judicial interpretation.

SB 68

Senate Bill 68 brings substantial changes to how liability and damages are evaluated in personal injury and wrongful death cases. It codifies a stricter framework for negligent security cases, requiring plaintiffs to show that a property owner had prior knowledge of substantially similar wrongful conduct and prioritizing the fault of third-party wrongdoers over property owners and security contractors. 

Juries may now consider the amount actually paid for medical care, not just what was billed, which may reduce recoverable damages. SB 68 also allows parties to separate fault and damages into different trial phases, and restricts the use of arguments for high-dollar “anchoring” pain and suffering damages, as well as eliminating double recovery of attorney fees. However, some provisions apply only to causes of action arising after April 21, 2025.

SB 69

Senate Bill 69 regulates third-party litigation funding by requiring registration, limiting funders’ involvement in legal strategy, and making funding agreements subject to discovery. Funders who support a case financially may now face liability if sanctions are imposed. While intended to create transparency, the law may discourage valid claims, especially against resource-heavy defendants. The reforms may also affect how attorneys’ fees are awarded.

Most provisions of SB 69 take effect on January 1, 2026, although the section making funding agreements discoverable is already in force.

Key Procedural Changes Impacting Personal Injury Claims

In addition to reshaping liability and damages, the new laws introduce procedural rules that affect how and when personal injury cases move through the courts, meaning these changes will influence case strategy from the start. Here’s a breakdown of the most significant procedural changes.

Motion to Dismiss

A defendant who files a motion to dismiss is no longer required to file an answer until 15 days after the court rules. Discovery is automatically stayed during this period, limiting a plaintiff’s ability to gather evidence. Also, the court must rule on the motion within 90 days of the close of briefing, preventing indefinite delays.

Voluntary Dismissal Period Shortened

Plaintiffs now have only 60 days after the defendant files an answer to voluntarily dismiss without court approval. This replaces the former rule that allowed dismissal any time before the first witness was sworn and limits plaintiffs’ ability to regroup or refile.

Special Damages Model

Juries may now consider both the full billed amount and the actual amount paid for medical care. This weakens the collateral source rule and could reduce recovery, especially when insurers or providers have accepted lower payments. For general damages, plaintiffs cannot suggest specific dollar amounts until closing arguments, and even then, those amounts must be tied to evidence.

Bifurcation of Bodily Injury Damages

Any party may request to split trials into separate phases for liability and damages. Courts must grant this unless the controversy is less than $150,000 or for certain sexual offenses. This can prevent juries from hearing about injuries until after fault is decided.

Seatbelt Evidence is Admissible

In car accident cases, whether or not a plaintiff was wearing a seatbelt is now admissible and can be used to argue comparative negligence or reduce damages, previously excluded under Georgia law. Defendants may also argue that failure to wear a seatbelt was the proximate cause of the injury.

What Are the Implications of These New Tort Reform Laws?

The full implications of Georgia’s tort reform laws won’t be known for some time. Like most legal overhauls, these changes will evolve through litigation and judicial interpretation. But what’s already clear is that the reforms tilt procedural and evidentiary rules in favor of defendants, particularly insurers, property owners, and corporate defendants with deep legal resources.

For injured individuals, the most immediate impact will be more delays, higher standards of proof, and greater scrutiny evidence presented. Allowing bifurcated trials means juries may decide fault without hearing about the plaintiff’s injuries. The change in medical damages rules allows defense attorneys to minimize a plaintiff’s losses by pointing to discounted payments, even if the care provided was extensive and costly. And with shorter deadlines for voluntary dismissal, plaintiffs must now evaluate their options much earlier in the case, sometimes before discovery has even begun.

There’s also the broader issue of how these reforms are being used by insurance companies in the early stages of a claim. Many are already citing the new laws to reduce offers or deny claims, but injured individuals should remain skeptical. These laws are still new; their limits and legal vulnerabilities haven’t yet been tested in full.

Talk to a Georgia Personal Injury Attorney Before You Decide

If you’ve been injured, speak with an experienced Georgia personal injury attorney before making any significant decisions about your case. The law may have changed, but your right to fair compensation hasn’t. Contact us at Hoffspiegel Law to speak with one of our experienced personal injury lawyers today.