Georgia SB 68 Tort Reform: What It Means for Your Personal Injury Case

Georgia's Senate Bill 68, signed into law in 2025, represents the most significant change to personal injury law in the state in over a decade. If you have been injured due to someone else's negligence in Georgia, these changes may directly affect the value and handling of your case. Here is what you need to know.

Overview: What SB 68 Changes

SB 68 was passed as part of a broader tort reform effort backed by business and insurance interests. It introduces several changes to how personal injury cases are filed, evaluated, and resolved in Georgia courts. The most significant provisions include:

• New caps on noneconomic damages in certain cases
• Changes to the burden of proof for punitive damages
• Modifications to how medical expenses are calculated and presented at trial
• Limits on attorney contingency fee structures
• Changes to comparative fault thresholds

Caps on Noneconomic Damages

Noneconomic damages — compensation for pain and suffering, loss of enjoyment of life, emotional distress, and similar harms — have historically been determined by juries in Georgia with no statutory ceiling. SB 68 introduces caps in certain categories of cases. The specific caps vary by case type and severity of injury.

This is one of the most impactful changes for injured Georgians. It means that even when a jury believes a victim's pain and suffering warrants a particular amount, the court may be required to reduce the award to comply with the statutory cap.

Changes to Medical Expense Evidence

SB 68 alters how medical expenses can be presented at trial. Under previous Georgia law, plaintiffs could present the full amount billed by their medical providers. The new law changes the calculation to reflect amounts actually paid or accepted by providers — which is often significantly less than the billed amount. This can substantially reduce the apparent value of a plaintiff's medical expenses at trial.

Punitive Damages: Higher Burden of Proof

Punitive damages are designed to punish particularly egregious conduct — drunk drivers, companies that knowingly sell dangerous products, and the like. SB 68 raises the burden of proof for punitive damages, making it harder for plaintiffs to obtain these awards. The practical effect is that defendants who engage in reckless or willful misconduct may face less financial accountability.

What This Means for Your Case

If you were injured in Georgia, the timing of your injury relative to SB 68's effective date matters. Cases arising before the effective date are generally governed by prior law. Cases arising after may be subject to the new provisions.

More broadly, SB 68 makes it even more important to work with an experienced trial attorney who knows how to maximize the value of your case within the new framework. Building a strong evidentiary record, documenting all damages thoroughly, and preparing for trial from day one are more critical than ever.

My Commitment to Injured Clients

Tort reform makes the insurance companies' job easier and the injured person's recovery harder. That is the plain reality. As a personal injury attorney with over 20 years of trial experience, my response to SB 68 is simple: work harder, prepare better, and fight more aggressively for every dollar my clients deserve. The law may have changed, but the negligence that causes catastrophic injuries has not.

If you have been seriously injured in Athens, Oconee County, or anywhere in northeast Georgia, contact me for a free consultation to discuss how these changes may affect your case.