How Georgia’s Recent Tort Reform Could Impact Personal Injury Lawsuits in Georgia

Georgia Governor Brian Kemp’s recent push for tort reform is causing controversy due to its potential effects in limiting lawsuits and large settlements. Supporters of these reforms claim it’s necessary to combat rising insurance costs primarily affecting businesses, hospitals, and insurers. However, others worry that these changes could make it harder for injured individuals to get the compensation they deserve. What should you know about this recent tort reform, and what would change in your ability to collect compensation?

What Is Tort Reform?

Tort reform refers to changes made in the legal system, typically in civil courts, to decrease power to the plaintiffs. This can be done by limiting their ability to file lawsuits or restricting the amount of damages they can receive. The discussion of tort reform arises when businesses and insurers deal with excessive litigation or financial burdens due to increased lawsuits.

What Will Gov. Brian Kemp’s Tort Reform Accomplish?

Senate Bill 68, which passed the Georgia Senate Judiciary Committee on February 11 and the full Senate on February 21, has now passed both chambers of the Georgia General Assembly but has not yet been signed into law by the governor. The bill introduces substantial changes to how personal injury cases are handled in the state. While it covers several areas, the key provisions of Senate Bill 68 are as follows:

Restrictions on Non-Economic Damage Arguments: Previously, attorneys could suggest specific monetary figures for non-economic damages, such as pain and suffering, early in the trial. Now, attorneys can’t suggest monetary values for pain and suffering (“anchoring”) until evidence is presented. Arguments also must be “rationally related” to case facts.
“Reasonable Value” for Medical Expenses: The new law limits recoverable medical expenses to the “reasonable value” of medically necessary care, treatment, or services, as determined by the trier of fact. This means that juries will now assess the value of medical services rather than simply accepting the billed amounts.
Disclosure of Billed vs. Paid Amounts: The legislation mandates the disclosure of both the billed and paid amounts for medical and healthcare expenses. Juries will see the difference between the initial charges and the actual costs incurred, effectively addressing what are informally known as “phantom damages.”
Bifurcated Trials: Either party can separate liability and damages phases. The jury will first decide whether the defendant is liable for the plaintiff’s injuries. If liability is established, the trial will proceed to the damages phase, where the jury will determine the appropriate compensation.
Reduced Voluntary Dismissal Window: The window for plaintiffs to voluntarily dismiss a case is shortened to 60 days after the initial response. Previously, plaintiffs had until the swearing-in of the first witness to voluntarily dismiss a lawsuit without prejudice, meaning they could refile the case later.

How Will Georgia’s Latest Tort Reform Affect Personal Injury Cases?

It’s no secret that this Bill faces controversy. Despite the economic arguments, many legal experts and consumer advocates worry that tort reform could severely limit the rights of injured individuals. For instance, the caps on damages could limit compensation, leaving victims unable to cover the full extent of the fiscal results of an accident and defendants potentially lowering their overall liability exposure.

There will also be a higher threshold for proving negligence, and this and other components may lead to a more challenging litigation process for plaintiffs, especially in complex cases. The new laws also reduce the risk of significant damage awards, resulting in perhaps more “predictable” legal outcomes for insurance companies, hospitals, and other businesses.

What You Should Do If Pursuing a Personal Injury Lawsuit in Georgia

Potentially, and seemingly likely, changes in damage caps, procedural hurdles, and time limits might make it more challenging to obtain increased compensation. It’s going to be important to protect your rights every step of the way. Personal injury attorneys may need to adapt their legal strategies to navigate the new system effectively, understanding that the burden of proof may increase.

For those injured due to someone else’s negligence, seeking legal representation as soon as possible will be more critical than ever. A knowledgeable personal injury lawyer can help navigate the evolving legal landscape and fight for the compensation victims deserve. It’s also not unreasonable to expect an initial influx of case filings before these changes go into effect, such as what occurred in Florida with HB-837.

Contact an Experienced Personal Injury Lawyer Today

As the debate over tort reform continues, Georgia residents should stay informed about how these changes could impact their legal rights. While proponents argue that these reforms will help businesses and lower costs, opponents warn that they may come at the expense of consumers’ ability to seek justice. The long-term implications remain to be fully understood.

If you or a loved one has been injured due to negligence, consulting with Kaufman Injury Law as soon as possible is crucial to ensuring you receive the compensation you deserve. Contact us today.