Georgia Senate Bill 68 (SB68) is a sweeping tort reform measure that reshapes how personal injury and civil cases are handled across the state. Signed into law in April 2025, SB68 introduces key changes that affect plaintiffs, attorneys, and insurance carriers alike. Whether you’re pursuing a personal injury claim or representing a client in a tort case, understanding these changes is crucial.
At Burrow & Associates, we’ve been closely tracking SB68’s implications to ensure our clients are fully prepared for this new legal landscape. Let’s take a closer look at what the law entails and why it matters.
What Is SB68 and Why Was It Introduced?
Tort reform has long been a point of debate in Georgia’s legal community, with advocates arguing that excessive litigation and large jury awards were burdening businesses and insurance providers. SB68 was introduced as a response to these concerns, aiming to streamline civil litigation and control damage awards. While its supporters tout the law as a way to bring balance and fairness, in practice it places new obstacles in front of injury victims seeking rightful compensation.
The law officially took effect in April 2025, affecting all injury claims moving forward. Its scope that touches everything from what damages an injured party can claim, evidence rules, and trial procedure.
Who Is Affected?
The reach of SB68 is extensive. Plaintiffs in personal injury cases, such as car accidents, premises liability, and negligent security claims, are directly impacted. But the ripple effects extend further:
- Plaintiffs’ attorneys must adapt to tighter procedural rules and enhanced evidentiary requirements.
- Defense attorneys and insurers are recalibrating their strategies to capitalize on new tools and defenses available under the reform.
- Judges and juries are adjusting to new standards that influence how cases are presented and evaluated in the courtroom, and cope with the fact that the litigation process may be more drawn out than ever before.
For injury victims, these changes can affect not just the outcome of a case but also how long it takes to reach resolution and the types of evidence that can support their claims. That’s why having a law firm that’s ahead of the curve is more important than ever.
At Burrow & Associates, we combine deep legal expertise with a strategic mindset, ensuring that every case we handle is prepared in full compliance with SB68’s requirements, while still pushing hard for the maximum compensation our clients deserve.
How Georgia SB68 Changes the Rules: Key Legal Shifts
SB68 brings with it a host of significant changes that alter how tort cases are built, argued, and resolved. While some of these shifts are procedural, others go to the heart of how damages are calculated and what evidence can be presented. For both plaintiffs and attorneys, understanding these nuances isn’t just helpful, it’s essential for success in today’s courtroom.
New Limits on Pain & Suffering Arguments
One of the most impactful changes is the restriction on how attorneys can argue the value of pain and suffering. In the past, lawyers could make bold damage suggestions during trial closings, sometimes using vivid analogies or high figures to influence jury perception. SB68 now confines these arguments to the first and second closing statements only, and any valuation must be directly tied to the evidence presented, no more last-minute adjustments or emotional appeals that are not rationally related to the evidence.
Our team’s approach emphasizes:
- Building airtight documentation through medical records, expert opinions, and visual evidence.
- Applying recognized valuation methods, such as the Per Diem approach, to present a damages argument that is both compelling and court-compliant.
By focusing on substance over showmanship, we ensure that our clients’ claims for pain and suffering are persuasive and well-grounded.
Discovery Stays: The New Delay Tactic
Another pivotal change is the introduction of an automatic 90-day stay on discovery whenever a motion to dismiss is filed. While intended to streamline litigation, this provision can significantly delay plaintiffs from gathering the critical evidence needed to support their claims.
Defense teams often seize this opportunity to stall proceedings early, using dismissal motions as a tactic to buy time or pressure individuals into settlement due to drawn out delays.
At Burrow & Associates, we anticipate these moves from the defense and counter them with precision drafting and strategy. Our complaints are crafted with clarity and detail that they are resilient to dismissal attempts, which helps keep cases moving forward without unnecessary delay.
The Role of Seat Belt Evidence
SB68 also makes a notable shift in how seat belt usage can impact personal injury cases. Previously inadmissible, evidence that a plaintiff was not wearing a seat belt can now be introduced to argue negligence, causation, or to reduce damages. This can have a significant impact in vehicle accident cases, where even a small adjustment to perceived fault can affect compensation.
To safeguard our clients’ rights, we:
- Challenge the admissibility of seat belt evidence unless the defense establishes clear causation.
- File motions in limine to preemptively limit the scope of such evidence.
- Collaborate with medical experts to clarify the true cause of injuries and protect compensation claims from unwarranted reductions.
Changing the Math: Collateral Source Rule Adjustments
Under SB68, juries are now allowed to consider both the amounts billed and the actual amounts paid by insurers or third parties for medical care. While this may seem like a move toward transparency, in practice it often shrinks the damages picture, since jurors might undervalue the real financial impact of medical expenses or misunderstand why health insurance could not be used for a third-party claim.
We ensure that our clients’ cases tell the full story by presenting:
- Evidence of insurance premiums, co-pays, deductibles, and other out-of-pocket costs along with the insurance contract.
- Collecting evidence that explains gaps in insurance coverage or the inability to use insurance.
- Context that underscores the true financial burden borne by the plaintiff.
New Restrictions on Voluntary Dismissals
Previously, plaintiffs had significant flexibility to voluntarily dismiss cases and refile them later, a tactic often used to regroup or address unforeseen legal hurdles. SB68 narrows this option, allowing voluntary dismissals before the 60th day after the defendant files an answer, unless both parties agree or the court grants permission to do so.
This requires careful case planning from the outset. At Burrow & Associates, we’re meticulous about timing, ensuring that every filing is strategically positioned to preserve your legal options, even in the face of these tighter rules.
Bifurcated Trials: Splitting Up the Case
Finally, SB68 allows for bifurcation of trials into distinct phases: liability, damages, and punitive damages or attorney’s fees. This is used by the defense to fragment evidence, making it harder for plaintiffs to tell a unified story.
We’re skilled at crafting narratives that hold up even when a trial is split into phases, and the bifurcation of a case will still allow some evidence of injury to be introduced in the first phase of trial.
How Plaintiffs’ Lawyers Can Navigate SB68 Successfully
With Georgia SB68 now the law of the land, plaintiffs’ attorneys must recalibrate how they approach tort cases, from the moment a client walks through the door to the final gavel strike in court. The reform not only adjusts procedures but also reshapes the strategy playbook, demanding a sharper focus on precision, preparation, and timing.
At Burrow & Associates, we’ve evolved our legal strategies to align with these changes, ensuring that our clients’ cases remain robust, compliant, and persuasive under the new regime.
This precise drafting reduces the risk of procedural setbacks and positions each case to move forward efficiently, even in the face of defense challenges.
Managing Client Expectations
Tort reform doesn’t just change legal strategy, it impacts client psychology. Plaintiffs may experience frustration with delays (like discovery stays) or confusion when damages seem to fall short of expectations due to collateral source disclosures.
At Burrow & Associates, we prioritize clear, honest communication from the outset, ensuring clients understand:
- How SB68’s provisions may affect the timeline of their case.
- What the law means for damage calculations and potential recovery.
- Why certain procedural strategies are necessary to navigate these new challenges successfully.
This transparency not only strengthens attorney-client trust but also empowers plaintiffs to stay engaged and focused throughout their legal journey.
Georgia SB68 has undoubtedly raised the stakes, but it hasn’t diminished the rights of injury victims. With careful preparation and a responsive legal strategy, plaintiffs’ attorneys can still build strong, successful cases. Our team is dedicated to leading the way.
Adapting to SB68: How We Secure Results for Personal Injury Clients
Georgia SB68 has undoubtedly reshaped the landscape for personal injury and tort cases, introducing new rules that affect how claims are filed, argued, and ultimately resolved. While these changes can feel daunting, especially for those unfamiliar with the legal system, they don’t have to derail your path to justice.
At Burrow & Associates, we view SB68 not as an obstacle, but as an opportunity to fine-tune our strategies and strengthen the cases we build. Our team is committed to:
- Staying ahead of legal shifts and defense tactics.
- Preparing every case with precision and foresight.
- Advocating fiercely to secure the maximum compensation our clients deserve.
If you or a loved one is navigating a personal injury claim in Georgia, know that you don’t have to face these challenges alone. Our experienced team is here to guide you through every step of the process, with the knowledge, skill, and dedication that has made us a trusted name in Georgia personal injury law. Contact Burrow & Associates today to schedule your free consultation.
Georgia’s tort laws may have changed, but our commitment to your recovery never will.
Frequently Asked Questions on Georgia SB68
What is Georgia SB68 and why does it matter for personal injury cases?
Georgia SB68 is a tort reform law enacted in 2025 that changes how personal injury and civil cases are litigated in the state. It affects everything from how damages are argued in court to what evidence is admissible, making it crucial for plaintiffs and attorneys to understand its implications.
How does SB68 affect compensation for pain and suffering?
Under SB68, attorneys can only present pain and suffering valuations during specific parts of the trial, and all arguments must be rationally related to the evidence. This means that strong documentation, like medical records and expert testimony, is more important than ever to maximize compensation.
Can not wearing a seat belt reduce my settlement?
Yes. SB68 allows the defense to introduce seat belt non-use as evidence, which can impact determinations of negligence and reduce the damages you receive in a vehicle accident case. Working with an experienced attorney can help counterbalance this tactic.
What happens if the defense files a motion to dismiss my case?
When the defense files a motion to dismiss, SB68 triggers a 90-day pause on discovery, potentially delaying your case. At Burrow & Associates, we prepare detailed complaints designed to withstand dismissal efforts and keep your case moving forward.
How does SB68 impact medical expense recovery?
The law allows juries to see both the billed and paid amounts for medical care, which can reduce compensation. We ensure that juries also understand out-of-pocket costs and other financial factors to help secure full and fair compensation.
Why is it important to hire a personal injury lawyer familiar with SB68?
SB68 has added complexity to Georgia’s tort system. Hiring a firm like Burrow & Associates, which is well-versed in the new law, ensures that your case is handled with precision and that every legal avenue is explored to protect your rights and maximize your recovery.
