Last month, Georgia Senate Bill 68 passed the legislature and now awaits the signature of Governor Brian Kemp. He is expected to sign it once it reaches his desk. This legislation could have a big impact on litigation in Georgia as it brings different forms of tort reform.
Senate Bill 68 does many things to tort reform, including:
- During trial, counsel is no longer allowed to suggest a specific dollar amount as to the value of non-economic damages except during closing arguments. The law provides that such argument “shall not make reference to objects or values having no rational connection to the facts proven by the evidence.”
- As it concerns attorney fees, court costs, or expenses of litigation, SB 68 limits duplicative recovery, and further provides that “a contingent fee agreement between such party and such party’s attorney shall not be admissible as proof of the reasonableness of the fees.”
- Evidence of whether an injured person was wearing a seatbelt is now admissible in Georgia, but the court still has discretion per 24-4-403 to determine admissibility.
- The collateral source rule is for all practical purposes abrogated by the Bill. The jury still decides the reasonable value of medical expenses; however, if the plaintiff had those bills paid by a third party, such as workers’ compensation or health insurance, the jury will be provided with both the charged amount of the bill as well as the amount actually paid.
- SB 68 addresses so-called “letters of protection” by providing that such letters are “relevant and discoverable”
- OGCA 51-12-15 is added by Senate Bill 68 to provide for multiphase trials at the request of any party. Basically, liability is determined during “the first phase of the trial”, and then a “second phase” of the trial takes place to determine damages. The statute allows the judge to reject a request for bifurcation of the trial in the event the case is worth less than $150,000 or the plaintiff was a sexual offense victim likely to suffer serious injury as the result of having to testify more than once.
- A deadline of 60 days has been added regarding the filing of a voluntary dismissal without prejudice.
- SB 68 also addresses “negligent security” causes of action and changes the law significantly.
With so many changes and versions of tort reform packed into SB 68, constitutional challenges are certain. Many legal professionals have argued that many of the changes are heavily in favor of defendants and insurance companies, unjustly weakening the rights of injured plaintiffs. For example, someone who has suffered a serious injury can struggle to get through just one trial; if their personal injury case is bifurcated, they will essentially have to put in twice the work in pursuit of the same potential outcome.
At The Hamilton Firm LLC, our attorneys handle personal injury cases and lawsuits throughout the state of Georgia, including many that have gone to trial. As proud legal allies to the wrongfully injured in our communities, we always pay close attention to legislative changes that could impact our clients and their cases. SB 68 has significant potential to do just that. For important updates about this bill and how it will affect personal injury claims in Georgia, be sure to check our blog often. If you need our help with an injury claim, contact us online or call (423) 454-3288 to request a FREE case evaluation. Thank you.