Georgia's tort-reform law, Senate Bill 68, was signed on April 21, 2025. It changed how injury cases are proven and tried, from seat-belt evidence to how medical bills are counted. If you were hurt in a car crash or on someone else's property in metro Atlanta, parts of it may apply to you.
This guide to Georgia tort reform goes provision by provision, explains which cases each change covers, and ends with practical steps. It also covers SB 69, a separate 2025 law on litigation funding.
The date your injury happened decides which parts of SB 68 apply to you.
Which SB 68 changes apply to your case?
SB 68 sorted its changes into two groups. Some apply to cases already pending on April 21, 2025, and to all future cases. Others apply only to claims that arose on or after that date.
| Change | Georgia law | Applies to |
|---|---|---|
| Seat-belt evidence | O.C.G.A. § 40-8-76.1(d) | Pending and future cases |
| Separate trial phases | O.C.G.A. § 51-12-15 | Pending and future cases |
| Limits on suggesting dollar figures | O.C.G.A. § 9-10-184 | Pending and future cases |
| 60-day window to dismiss | O.C.G.A. § 9-11-41(a) | Pending and future cases |
| Discovery paused for motions to dismiss | O.C.G.A. § 9-11-12 | Pending and future cases |
| No double recovery of attorney's fees | O.C.G.A. § 9-15-16 | Pending and future cases |
| Medical expenses and letters of protection | O.C.G.A. § 51-12-1.1 | Claims arising on or after April 21, 2025 |
| Negligent security | O.C.G.A. §§ 51-3-50 to 51-3-57 | Claims arising on or after April 21, 2025 |
Not sure which column your case falls in? Call (240) 421-5511 with the date you were hurt, and Gary will tell you which rules apply.
Changes that apply to pending and future cases
Seat-belt evidence can now reach the jury
Before SB 68, juries generally couldn't hear that an injured person wasn't wearing a seat belt. Now that evidence can be admitted on negligence, comparative negligence, causation, assumption of risk and apportionment of fault. A judge can still keep it out if it would be unfairly prejudicial.
Not wearing a belt still can't be used to cancel your insurance or raise your premiums. But the defense may use it to argue for a bigger share of fault under Georgia's 50% comparative negligence rule. Our article on seat-belt evidence under SB 68 goes deeper.
Either side can ask for separate trial phases
In injury and wrongful-death cases, either side may now demand a split trial: one phase to decide fault and another to decide damages, with limited exceptions such as cases under $150,000. In a split trial, the jury may decide fault before it hears much about your injuries, so the fault evidence has to stand on its own.
Limits on “anchoring” dollar figures
SB 68 limits how lawyers may suggest dollar amounts for pain and suffering to a jury; those arguments must be tied to the evidence. That makes proof of how an injury changed your daily life, from your own account to what family and coworkers have seen, more important.
A 60-day window to dismiss voluntarily
A plaintiff can now dismiss a lawsuit without the court's permission only within 60 days after the defendant files an answer. In practice, a case needs to be ready before it's filed.
Discovery pauses during a motion to dismiss
If the defense files a motion to dismiss, discovery stops until the judge rules. Discovery is the stage where each side gathers evidence from the other, so a pause can add time to a case.
No double recovery of attorney's fees
SB 68 also bars double recovery of attorney's fees (O.C.G.A. § 9-15-16), a technical change most injured people won't notice.
Worried an insurer will make an issue of your seat belt? Call (240) 421-5511, and Gary will look at what the evidence actually shows.
Changes for claims arising on or after April 21, 2025
Medical bills, “phantom damages” and letters of protection
For claims arising on or after April 21, 2025, O.C.G.A. § 51-12-1.1 changes how medical expenses are proven:
- Juries may hear what your health insurer actually paid, not just what the hospital billed.
- Recoverable medical expenses are limited to the reasonable value of necessary care.
- If you were treated under a letter of protection, meaning a provider waits to be paid from your settlement, the defense can obtain that arrangement in discovery.
For newer claims, every explanation-of-benefits statement and payment record can shape what a jury sees. Keep them all. Before agreeing to a letter of protection, talk with a lawyer about how your treatment will be paid.
Negligent security claims
SB 68 also created new rules, O.C.G.A. §§ 51-3-50 to 51-3-57, for people hurt by a crime on someone else's property, such as an assault in a parking deck or apartment complex. These rules narrow property owners' liability:
- The crime must have been foreseeable, tied to a known hazardous condition.
- Owners are held to an ordinary-care standard.
- Juries must apportion fault to the person who committed the crime.
- New defenses apply, including for injuries to trespassers and injuries that happen off the property.
These claims now turn even more on what the owner knew before the attack. Learn more about premises liability claims in Atlanta.
Hurt in an assault at an apartment complex, hotel or parking deck? Call (240) 421-5511 so Gary can start gathering evidence of what the owner knew.
SB 69: new rules for litigation funding companies
Georgia also passed SB 69 in 2025. Starting January 1, 2026, companies that provide third-party litigation funding must register with the Georgia Department of Banking and Finance, and the law limits their control over cases.
If you're considering a lawsuit loan, ask whether the company is registered, read every term, and talk with your lawyer before you sign.
What Georgia's tort reform didn't change
Some core rules stayed the same:
- The two-year deadline. Most injury and wrongful-death lawsuits must still be filed within two years (O.C.G.A. § 9-3-33).
- The 50% fault rule. You still recover nothing at 50% fault or more, and less in proportion below that (O.C.G.A. § 51-12-33).
- No cap on pain and suffering. Georgia still has no cap on non-economic damages in ordinary injury cases.
What SB 68 means for you in practice
These changes make evidence, records and preparation more important. A few steps help:
- Get medical care promptly, and follow your treatment plan.
- Keep every bill, receipt and explanation of benefits.
- Wear your seat belt, and if you were belted in a crash, preserve the proof.
- Keep a short journal of how your injuries affect work, sleep and family life.
- Think carefully before signing a letter of protection or a funding contract.
- Work with a lawyer who prepares your case for trial from the first day.
Talk to an Atlanta personal injury lawyer about SB 68
Gary Huggins represents injured people across metro Atlanta from 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, in Perimeter Center near I-285 and GA-400. Call (240) 421-5511, 24 hours a day, for a free consultation.
You can also read more about our Atlanta personal injury lawyer services and Gary's background.
Free consultation. Call (240) 421-5511 any time, or send the form and Gary’s office will call you back.
Frequently asked questions
Does SB 68 apply if I was hurt before April 21, 2025?
Partly. The seat-belt evidence rule, split trials, limits on suggesting dollar figures, the 60-day dismissal window, the pause on discovery during a motion to dismiss and the bar on double attorney's fees apply to cases pending on April 21, 2025, as well as new ones. The medical-expense and letter-of-protection rules and the negligent-security rules apply only to claims arising on or after that date. A lawyer can sort out which rules reach your case.
Did SB 68 cap pain and suffering damages in Georgia?
No. Georgia still has no cap on non-economic damages, such as pain and suffering, in ordinary injury cases. What SB 68 changed is how lawyers may argue for those damages: limits on suggesting dollar figures to the jury require the arguments to be tied to the evidence (O.C.G.A. § 9-10-184). That makes it more important to document how your injuries affect your work, sleep, family and daily routine.
Can I still get treatment under a letter of protection after SB 68?
Yes. SB 68 did not ban letters of protection, where a provider treats you now and is paid from your settlement later. For claims arising on or after April 21, 2025, though, the arrangement is discoverable, so the defense can learn about it (O.C.G.A. § 51-12-1.1). Before you sign one, talk with your lawyer about the terms, the provider's charges and other ways your care might be paid.
What does SB 69 mean for someone with an injury claim?
SB 69 regulates companies that fund lawsuits in exchange for part of the recovery, often called lawsuit loans or pre-settlement funding. Since January 1, 2026, those companies must register with the Georgia Department of Banking and Finance, and the law limits their control over cases. If a funding offer comes your way, confirm the company is registered, read the full contract and talk with your lawyer before you sign.