Georgia tort reform has impacted how personal injury cases are processed throughout the state. In 2025, Georgia Senate Bill 68 and Senate Bill 69 became effective, resulting in a complete overhaul of the evidentiary rules, damages, and trial process. If you have been injured in an accident in Ellijay, Blue Ridge, or any other area in North Georgia, then you might be seeing the effects of the new law on your case now. This article breaks down what the new law means, in plain English, for victims filing a claim today.
What Is Georgia’s Tort Reform Law?
Georgia tort reform law refers to a package of civil justice changes signed by Governor Brian Kemp on April 21, 2025. This was the first time since 2005 that such an amendment has been made in Georgia’s civil litigation system. The tort reform amends various portions of the Official Code of Georgia Annotated related to civil procedure, evidence, and damages. While advocates believe that tort reform has a stabilizing effect on the insurance market, opponents view it as an obstacle to fully compensating the injured person. However, tort reform has become a law that will now guide insurance companies and the court while handling all new personal injury claims that are filed within North Georgia.
Key Changes Under Georgia SB 68 That Affect Your Claim
SB 68 introduced several specific changes that directly affect accident victims.
Seatbelt Non-Use Can Now Be Used as Evidence
The evidence that a plaintiff was not using their seatbelt has now become legal in civil cases in Georgia, although before this time it was prohibited to be used as evidence. This means the defense can now use your non-seatbelt use to show how your injuries were aggravated.
Bifurcated Trials: Liability Decided Before Damages
Bifurcated trials have become a key element of civil cases in Georgia. It is the right of either party to ask for the splitting of the trial into two separate parts. The jury determines the liability issue first and then addresses damages if liability is proved. Insurance companies can use split trials for delaying purposes.
Restrictions on Attorney’s Fees and Litigation Expenses
Furthermore, there are additional restrictions around attorney’s fees and litigation cost recovery. The law attempts to avoid double recovery in the personal injury claim and limits the use of contingent fees as evidence of a “reasonable” fee. This mostly affects case strategy rather than a victim’s day-to-day experience.
New Limits on Pain and Suffering Arguments
Lawyers are now constrained by the way in which they make their pain and suffering arguments when it comes to Georgia SB 68. Under the new law, they are prohibited from using anchoring arguments that link a monetary value to unrelated values, such as an athlete’s salary. Any amount argued must relate rationally to actual evidence presented at trial.
What About Georgia SB 69 (Litigation Funding)?
Georgia SB 69 is another statute that covers a related but distinct topic. It pertains to third-party litigation funding and went into effect for most parts on January 1, 2026. The statute requires third-party litigation funders to register with the state. Furthermore, it restricts their participation in developing litigation strategies. In addition, funding agreements can be the subject of discovery in certain cases. For those who have been in an accident, this applies mainly to complicated claims involving funding from third parties. It does not change your basic right to pursue a personal injury claim after a negligent accident.
How This Affects Accident Victims in North Georgia
| Change | Before Reform | After Reform |
|---|---|---|
| Seatbelt use | Not admissible as evidence | Can be introduced at trial |
| Pain & suffering arguments | Broad comparisons allowed | Must relate rationally to evidence |
| Trial structure | Single-phase trial | Bifurcated trials available on request |
| Litigation funding | Largely unregulated | Registration and discovery required |
These changes apply to claims involving auto accidents, truck accidents on the SR-515 corridor, and slip-and-fall injuries throughout the North Georgia mountains. Families pursuing a wrongful death claim after a fatal accident should also understand how bifurcation and evidence rules may shape their case.
Talk to a North Georgia Injury Attorney Today
Georgia tort reform has changed the rules, but your right to pursue fair compensation has not disappeared. The attorneys at Appalachian Injury Law understand how SB 68 and SB 69 affect real cases in Ellijay, Blue Ridge, Dalton, Jasper, and the surrounding mountain communities. We prepare every claim with these new evidentiary and procedural rules in mind. If you were injured in an accident, don’t navigate these changes alone. Call (706) 515-1995 or visit our Contact Us page to schedule a free consultation.
Frequently Asked Questions
Can not wearing a seatbelt hurt my personal injury claim?
Yes, the failure to wear a seatbelt is now admissible in the state of Georgia in civil court cases.
Is it harder to win a lawsuit in Georgia after tort reform?
The process involves new evidentiary and procedural rules, including bifurcated trials, which can make cases more complex without eliminating your right to recover.
What is a bifurcated trial in a Georgia injury case?
A bifurcated trial splits a case into two phases, deciding liability first and damages second, if the defendant is found liable.
