Stephen Hasner | Workers' Compensation | August 4, 2026
Georgia’s tort reform in 2025 rewrote several rules that directly affect how personal injury claims across Georgia are valued, argued, and tried. SB 68 represents one of the broadest changes to Georgia’s civil litigation rules in recent history.
Some procedural provisions may apply to cases that were already pending, though courts may further interpret the law’s reach. Other provisions apply prospectively, including provisions tied to causes of action arising on or after April 21, 2025.
The practical impact depends on when your injury happened, whether you have health insurance, and what type of claim you are pursuing.
Quick Answer: What changes did Georgia’s 2025 tort reform law, Senate Bill 68, make to personal injury and wrongful death cases?
Georgia’s 2025 tort reform, known as Senate Bill 68 (SB 68), was signed by Governor Brian Kemp in April 2025. The law changes how medical bills are presented to juries, allows evidence of seatbelt non-use to be considered in certain motor vehicle injury cases, restricts attorneys from suggesting specific dollar amounts for pain and suffering, and allows certain cases to be tried in separate liability and damages phases.
Key Takeaways About Tort Reform in Georgia for 2025
- SB 68 may allow juries to consider both billed charges and amounts paid or accepted for treatment, which may give the defense an argument for a lower reasonable-value figure.
- Seatbelt non-use may now be admissible in certain Georgia motor vehicle cases, giving defendants a new evidentiary argument about causation, comparative fault, or damages.
- Attorneys generally may not suggest a specific non-economic damages amount until closing argument, and any suggested amount must be rationally tied to the evidence.
- Either party may request a bifurcated trial that separates liability issues from damages issues, subject to the statute and the court’s application of it.
- Several procedural changes may apply to cases pending as of April 21, 2025, while some substantive provisions apply prospectively, including provisions tied to causes of action arising on or after that date.
What Did SB 68 Change in Georgia Personal Injury Law?
SB 68 made changes across multiple areas of Georgia tort litigation. The table below summarizes the major provisions and when each takes effect.
| SB 68 Provision | What Changed | Effective Date |
| Medical expense evidence (O.C.G.A. § 51-12-1.1) | Juries may now hear evidence of both billed amounts and amounts paid or accepted for medical treatment | Injuries on or after April 21, 2025 |
| Seatbelt evidence (O.C.G.A. § 40-8-76.1) | Seatbelt non-use may be admissible and considered on issues of fault, causation, or damages, depending on the case | Injuries on or after April 21, 2025 |
| Non-economic damages anchoring (O.C.G.A. § 9-10-184) | Attorneys may not suggest specific dollar amounts until closing, and amounts must be tied to the evidence | Appears to apply to pending and new cases |
| Trial bifurcation | Either party may split the trial into liability and damages phases | Appears to apply to pending and new cases |
| Discovery stay on motion to dismiss | Discovery pauses while a motion to dismiss is pending, up to 90 days | Appears to apply to pending and new cases |
| Voluntary dismissal limits | Stricter rules on dismissing and re-filing cases | Appears to apply to pending and new cases |
| Letters of protection disclosure | LOP agreements are now discoverable | Injuries on or after April 21, 2025 |
| Negligent security reform | Raises the proof standard for claims against property owners for criminal acts by third parties | Injuries on or after April 21, 2025 |
SB 68 does not impose a cap on total damages. The Georgia Supreme Court struck down a prior non-economic damages cap as unconstitutional in 2010, and SB 68 does not attempt to reinstate one.
How Does SB 68 Change Medical Expense Evidence in Georgia Injury Cases?
Georgia’s 2025 tort reform changes how juries evaluate medical bills by allowing both the billed amount and the amount actually paid to be presented.
Under the new O.C.G.A. § 51-12-1.1, juries determine the reasonable value of treatment based on all available pricing information.
What Does This Mean for Your Claim?
Before SB 68, Georgia’s collateral source rule generally limited a defendant’s ability to introduce evidence of insurance payments or negotiated rates.
The jury saw only the chargemaster rate, which is the provider’s list price. SB 68 significantly limits that protection for injuries on or after April 21, 2025.
- If your insurer negotiated a $22,000 payment on an $80,000 surgical bill, the jury now sees both numbers and decides what is reasonable
- If you received treatment through a letter of protection (LOP), the terms, billing codes, and any account assignment are now discoverable
- If you have no health insurance and paid full price, the billed amount may still represent reasonable value
- If workers’ comp covered the treatment, those payment amounts are now part of the evidence
Stronger health insurance coverage may actually reduce the medical damages a jury awards, since the negotiated rate becomes the baseline for reasonable value.
How Does Seatbelt Evidence Affect Georgia Car Accident Claims After SB 68?
Georgia’s longstanding ban on seatbelt non-use evidence is gone for injuries on or after April 21, 2025.
SB 68 allows evidence of whether a plaintiff wore a seatbelt to be considered in assessing fault and damages, depending on the circumstances and how Georgia courts apply the provision.
What Protections Remain?
Trial judges retain discretion to exclude seatbelt evidence if its probative value is substantially outweighed by unfair prejudice. Seatbelt non-use also may not cancel insurance coverage or increase premiums.
The defense may now argue that not wearing a seatbelt contributed to the severity of your injuries. In a state that bars recovery at 50% comparative fault under O.C.G.A. § 51-12-33, any additional fault assigned to the plaintiff moves the math in the wrong direction.
For Atlanta car accident cases filed after April 21, 2025, if the police report or EMS records note seatbelt non-use, that documentation gives the defense an argument it did not have before.
What Are the Anchoring Restrictions on Pain and Suffering Arguments?
SB 68 under O.C.G.A. § 9-10-184 restricts how attorneys present non-economic damages to a jury. Attorneys may not suggest a specific dollar amount or range until after the close of evidence, and any amount must be rationally related to the trial record.
How Does This Affect Wrongful Death and Catastrophic Injury Cases?
The anchoring restriction has the largest impact on cases with significant non-economic damages, including wrongful death damages in Georgia and catastrophic injury claims.
Under the new rule, attorneys must tie any suggested amount to actual evidence. References to unrelated benchmarks like professional athlete salaries are no longer permitted.
SB 68 does not cap what a jury may award. It restricts how attorneys argue the number, not what the jury ultimately decides. The restriction appears to apply retroactively to cases pending as of April 21, 2025.
Which SB 68 Provisions Apply Retroactively to Pending Cases?
Several SB 68 provisions appear to apply to lawsuits already in progress as of April 21, 2025. The law indicates the following take effect retroactively, though courts may further interpret their scope.
- Anchoring restrictions on non-economic damages arguments
- The option for either party to request trial bifurcation
- Discovery stay while a motion to dismiss is pending
- Restrictions on voluntary dismissal and re-filing
- Prohibition on double recovery of attorney fees
The medical expense evidence rule, seatbelt admissibility, negligent security reform, and LOP disclosure apply only to injuries on or after April 21, 2025.
If your injury happened before that date but your lawsuit is still pending, the procedural changes likely apply even though the substantive evidence rules do not. That split may require adjustments to your trial strategy.
Ask Hasner Law
My car accident happened in March 2025, before SB 68 passed. Do the new rules apply to my case?
The medical expense and seatbelt provisions likely do not affect your claim since they apply to injuries on or after April 21, 2025.
However, the procedural changes, including anchoring restrictions, bifurcation, and discovery stays, appear to apply retroactively to pending lawsuits. Your attorney reviews which provisions apply based on your specific injury date and filing timeline.
The insurance company lowered its offer and blamed tort reform. Is that legitimate?
Insurers may adjust valuations based on the new medical expense evidence rules, particularly if your health plan’s negotiated rate is much lower than the billed amount. That does not mean you must accept the lower number.
SB 68 changed the evidence juries see, but it did not cap what juries may award. A lower offer still needs to reflect your full injuries, lost income, and non-economic damages.
I was not wearing a seatbelt when I got hit. Does SB 68 mean I lose my case?
No, seatbelt non-use does not automatically bar your claim. SB 68 allows seatbelt evidence to be considered in assessing fault and damages, but it does not create a rule that eliminates your right to recover.
The jury weighs seatbelt non-use alongside all other evidence. Georgia’s 50% comparative fault bar under O.C.G.A. § 51-12-33 still applies, so the total fault assigned to you must stay below that threshold.
FAQs for Georgia Tort Reform in 2025
Does SB 68 put a cap on personal injury damages in Georgia?
No, SB 68 does not cap compensatory damages. It changes the evidence juries hear and the procedures courts follow, but it does not set a maximum on what a jury may award.
Does SB 68 affect workers’ compensation claims?
SB 68 primarily targets civil tort litigation, not the workers’ comp system. However, the medical expense evidence rule references amounts paid through workers’ comp as evidence a jury may consider in a civil case.
If your claim involves both workers’ comp and a third-party lawsuit, the new rules may affect the personal injury side.
What is a bifurcated trial under SB 68?
A bifurcated trial splits the case into separate phases. Phase one covers liability and fault. Phase two covers compensatory damages. A third phase addresses punitive damages if applicable.
Courts retain discretion to deny bifurcation in certain lower-value cases, and the specific application rules may evolve as Georgia courts interpret the statute.
What happened to the collateral source rule in Georgia?
Georgia’s collateral source rule has been significantly modified for injuries on or after April 21, 2025.
Defendants may now present evidence of health insurance payments and negotiated rates. The jury determines reasonable value based on all pricing information, not just the billed amount.
Talk to an Attorney About How Georgia’s 2025 Tort Reform Affects Your Claim
SB 68 changed important evidentiary and procedural rules that may affect many Georgia personal injury cases. If you are weighing a settlement offer or preparing for trial, the rules governing your case may not be the same rules that applied a year ago.
Hasner Law represents injured people across Atlanta, Savannah, Kennesaw, and surrounding Georgia communities.
With over 100 years of combined experience and over $1 billion recovered in settlements and verdicts, our attorneys are applying the SB 68 framework to active cases in Fulton, DeKalb, Cobb, and Gwinnett county courts. Every case is different, and prior results do not guarantee a similar outcome.
Call (678) 888-4878 for a free consultation. No Fee Unless We Win.
