In April 2025, Georgia passed a number of reforms that redefined the prosecution of personal injury cases throughout the state. Senate Bills 68 and 69 established new legal procedures, trial protocols, and standards for evidence affecting auto accident victims, slip and fall claims, and other civil lawsuits. 

While the tort reform was initially aimed at reducing meaningless lawsuits and slowing down the judicial system in Georgia, the reforms are limiting personal injury victims trying to recover damages with a personal injury lawsuit.

Notables Changes You Should Know Of

Automatic Stay on Discovery

When a defendant files to dismiss the case, discovery is automatically stayed for up to 90 days. This gives the court time to decide whether the case will proceed or not and prevents plaintiffs from gathering evidence in the meantime. Unfortunately, it can prolong the legal process for injured plaintiffs seeking justice.

Restrictions on Voluntary Dismissals

Plaintiffs may no longer voluntarily dismiss and refile a case after a trial has begun or a motion for summary judgment has been made. Once dismissed the second time, a case is dismissed “with prejudice,” and it may not be refilled. 

Restrictions on Attorney Fee Recovery

Under the new law, a plaintiff may only recover attorney’s fees under one statute in a case unless otherwise provided by law. This limits recoverable costs in total and potentially deters attorneys from bringing multifaceted or multi-claim cases.

Bifurcation and Trifurcation of Trials

Defendants in certain cases are now able to request trials be broken into separate phases for bodily injury and wrongful death claims. In lawsuits with more than $150,000 damages, a jury may first hear fault evidence, second damages, and third punitive damages or attorney’s fees. This can reduce emotional prejudice but can be more time-consuming and expensive. Sensitive claims are excluded from the new rule.

Restrictions on Anchoring Non-Economic Damages

Attorneys can no longer throw out arbitrary figures for pain and suffering or emotional distress damages. Any specific figure offered must be evidence-based and only argued in closing arguments. This is to prevent juries from being misled by huge, unwarranted figures.

Medical Bills Limited to Actual Amount Paid

Juries can now only be asked to consider the actual amount paid or incurred for medical treatment. The plaintiffs must also disclose financial arrangements with physicians, such as letters of protection. This is intended to reflect the actual value of medical treatment but may reduce damages to victims of injury.

Increased Standard for Premises Liability Suits

This rule is meant to protect property owners from premises liability suits. In cases of injury resulting from criminal conduct on the property of another, such as assault or robbery, plaintiffs must now prove that the owner of the property had prior knowledge of similar incidents within measurable distance.

Seatbelt Use Now Admissible

In motor accident claims, evidence of non-wearing of a seatbelt by a claimant is admissible in court. This can influence the apportionment of fault and reduce compensation awards. T

Third-Party Litigation Funding Disclosure

Beginning in 2026, plaintiffs must disclose any outside funding contracts worth more than $25,000 with companies hoping to get a cut of the future settlements.

What This Means for Injury Victims

These reforms make it more important than ever for injury victims to work with an experienced Columbus personal injury attorney who understands the new legal landscape. The new law may reduce payments, stretch timelines, and add new obstacles for proving liability, especially in car accident or premises liability cases.