Georgia changed several rules for personal injury cases when Governor Brian Kemp signed Senate Bill 68 (SB 68) into law on April 21, 2025. The law affects how certain evidence, damages, and trial procedures are handled.
If you have an injury claim in Georgia, these changes may affect how your case is prepared and presented. SB 68 does not prevent injured people from seeking compensation. However, understanding the new rules can help you make informed decisions about your claim.
How Does SB 68 Change Medical Damages?
SB 68 changes how evidence of medical expenses can be presented in personal injury and wrongful death cases.
The law allows certain evidence to be considered when determining the reasonable value of necessary medical care, including:
- The amount billed for medical care
- The amount actually paid for that care
- Other evidence relevant to the reasonable value of the care provided
These changes may affect how past medical expenses are proven at trial. They do not prevent an injured person from seeking damages for necessary medical care, but they change the evidence that may be considered when determining the value of those expenses.
How Does SB 68 Affect Pain and Suffering Damages?
SB 68 changes when attorneys can suggest a dollar amount for non-economic damages, such as pain and suffering. Attorneys generally cannot argue a specific monetary value for these damages or introduce testimony about such an amount before the close of evidence.
After the close of evidence, attorneys may make monetary arguments about non-economic damages at the appropriate stage of argument. SB 68 does not create a general cap on pain and suffering damages, and a jury may still determine their value based on the evidence presented.
Can Seat Belt Use Affect a Georgia Car Accident Claim?
Yes. SB 68 changed Georgia law concerning seat belt evidence in injury cases. Evidence that an injured person was not wearing a seat belt may now be admitted in certain cases.
The defense may use this evidence to argue that the failure to wear a seat belt contributed to the person’s injuries or made them worse. However, not wearing a seat belt does not automatically prevent an injured person from recovering damages.
Because of this change, seat belt use may be an important issue when investigating and preparing a Georgia auto accident claim.
How Can Rafi Law Firm Help With Changes Under SB 68?
Changes to Georgia’s personal injury laws can affect how a claim is investigated, valued, and presented. Understanding which provisions apply may be important when deciding how to move forward with a case.
Attorney Mike Rafi has testified before the Georgia House of Representatives on tort reform. Rafi Law Firm can evaluate an injury claim and explain how changes under SB 68 may affect the case.
FAQs
When Did SB 68 Become Law?
Governor Brian Kemp signed SB 68 on April 21, 2025. Some provisions have specific rules governing which claims they affect.
Does SB 68 Cap Personal Injury Damages?
No. SB 68 does not impose a general cap on pain and suffering damages.
Did SB 68 Change Negligent Security Cases?
Yes. SB 68 established a new statutory framework for certain negligent security claims involving injuries caused by wrongful conduct by third parties.
Does SB 68 Affect Every Injury Claim the Same Way?
No. Which provisions apply can depend on the type of case, when the claim arose, and other facts.
Contact the Georgia Personal Injury Lawyers at Rafi Law Firm for Help Today
Georgia’s 2025 tort reform law made important changes to the way personal injury cases may be handled. Understanding which provisions apply to your case can be important when seeking compensation for your injuries.
Rafi Law Firm has more than 50 years of experience and has recovered over $200 million for clients. Contact our Georgia personal injury attorneys today to discuss your case and learn how SB 68 may affect your legal rights.
We proudly serve clients throughout Fulton County and the greater Atlanta metro area in Georgia.
Rafi Law Firm – Atlanta
1776 Peachtree St NW UNIT 423, Atlanta, GA 30309
(404) 800-9933
