How Georgia’s 2025 Tort Reform (SB 68) Affects Your Injury Claim
On April 21, 2025, Governor Brian Kemp signed Senate Bill 68 into law, the most significant change to Georgia personal injury litigation in nearly two decades. A companion law, Senate Bill 69, regulates third-party litigation funding. Together they change how injury cases are filed, tried, and valued across the state. Here is a plain-English look at what changed and what it means if you were hurt.
What changed under SB 68
How pain and suffering is argued. Attorneys can no longer suggest a specific dollar amount for non-economic damages, such as pain and suffering, until after the close of evidence, and any figure must be tied to the evidence.
How medical bills reach the jury. Juries can now hear what was actually paid for medical care, not only the amount billed. Damages for medical expenses are tied more closely to amounts actually paid, which insurers use to argue for lower awards.
Split trials. In injury and wrongful death cases, either side can ask the court to divide the trial into separate phases for fault and for damages.
Negligent security. A new Article 5 narrows when a property owner can be held responsible for a crime committed by a third party on their property. Owners are not required to exercise extraordinary care or to take on the role of law enforcement. These provisions apply to incidents on or after April 21, 2025.
Attorney fees. A party can recover attorney fees and litigation costs only once per case, regardless of how many legal grounds support the award.
When the changes apply
Most of SB 68 applies retroactively to cases already pending, as well as to new cases. The negligent security and medical-damages provisions apply to claims that arise on or after the April 21, 2025 effective date.
What this means if you were injured
In practice, cases may take longer, the evidence a jury sees is more restricted, and the amount an injured person recovers can be reduced. None of that means you cannot recover what you are owed. It does mean the way your case is built and presented matters more than ever. An attorney who understands the new rules can still pursue full and fair compensation.
If you were hurt in an accident in Georgia and have questions about how these changes affect your claim, Foster James, LLC offers free consultations. Call 855-211-8999 or contact us online.
For how these changes apply to specific claims, see our Georgia negligent security and slip and fall pages.
