SB 68 is a new Georgia law that impacts people who file injury lawsuits. It changes trials, how medical expenses are proven, and what the jury can consider. Gov. Brian Kemp signed SB 68 into law on April 21, 2025.
If you get hurt in an accident and seek damages, SB 68 changes how the court handles your case and how the insurance company views your claim. It also changes what the jury hears and how quickly your case will move forward.
When you are talking with an insurance company, you may be unsure about what’s fair. Our Marietta personal injury lawyer will handle the challenges that come with SB 68. We will talk to the insurer for you and protect your rights under Georgia law, including the new rules that will impact your case.
What Changed Under Georgia’s SB 68?
SB 68 includes many new rules that impact personal injury and wrongful death lawsuits. Here’s what you need to know:
Personal Injury Trials May Now Be Split Into Parts
In some cases, trials may be split into phases:
- Phase 1: The jury decides who is at fault.
- Phase 2: If someone is found responsible, the jury then decides how much money to award for losses.
- Phase 3 (in some cases): If the case involves punitive damages (extra money meant to punish bad behavior), the jury will decide that in a separate phase.
This means the jury won’t hear about your medical bills, pain, or emotional suffering until after they decide who caused the accident. Separating the trial into parts can make it harder for jurors to fully understand the severity of your damages and what you or a loved one experienced.
If jurors don’t hear about your injuries or pain until later, they might not realize how serious the accident was when deciding who was at fault. This could impact the outcome of your case. There are trial strategists to deal with this change. Let us help you navigate the new law.
SB 68 Changes How Juries See Medical Bills
Before SB 68, juries would only see the total amount of medical bills, even if the insurance company had already paid some or all of the bill.
Now, juries will see the full bill and what was actually paid. This could lead to lower damage awards if your health insurance company covered most of the cost. If you’re already facing pain, bills, and stress, that can feel frustrating or unfair.
Not Wearing a Seat Belt Will Now Affect Your Case
If you were not wearing a seat belt during a crash in Georgia, the defense will now be able to introduce that evidence at trial.
This may impact your damages award or whether the jury thinks you were partly at fault.
Lawyers Must Wait to Talk About Amounts for Pain and Suffering Damages
Under SB 68, lawyers have to wait until the close of the evidence to talk about the value of non-economic damages like pain and suffering. Those arguments now must be rationally related to the evidence, like what the injured party went through, how their lives have changed, and what the treating doctors say about the injuries.
Which Cases Does SB 68 Affect?
SB 68 affects most personal injury and wrongful death cases in Georgia, including:
- Car and truck accidents
- Motorcycle and pedestrian accidents
- Slip and fall injury cases
- Negligent security lawsuits
- Cases that involve pain, suffering, and emotional distress
What Else Should You Know About SB 68 in Georgia?
SB 68 doesn’t just change how trials work. The new law also affects:
- The way your damages are calculated in closing arguments.
- How your lawyer can ask for damages
If you are thinking about filing a personal injury lawsuit, below are a few more important facts to keep in mind.
How Does SB 68 Affect People With Injury Cases?
If you are dealing with a serious injury in Georgia, SB 68 could:
- Make it harder to prove your case
- Limit how much money you receive
- Give insurance companies more ways to challenge your claim
That’s why it’s more important than ever to work with one of our injury lawyers who understands the new law.
What Is the Deadline to File a Personal Injury Case in Georgia?
In Georgia, you usually have two years from the date of the injury to file a lawsuit under Ga. Code § 9-3-33. If you miss the deadline, you will likely lose your right to recover damages forever.
What Should You Do if You’ve Been Hurt After SB 68 Passed?
If you suffered an injury after SB 68 became law (April 21st, 2025), the steps you now take to protect your case and yourself matter more than ever. The new rules will likely impact your case from the start, so it’s important to act quickly and protect your rights.
- Get medical care right away.
- Keep track of all bills and records.
- Write down everything you remember about the accident.
- Do not talk to the insurance company alone.
- Talk to a lawyer from our firm who knows how SB 68 affects injury claims in Georgia.
We Will Guide You Through Georgia’s New Injury Laws—Call Us
SB 68 changes a lot about how injury cases work in Georgia. While supporters of the new law say it will improve the state’s legal system, we know it will make things tougher for people who are hurt through no fault of their own. If this is your situation, Jones & Swanson is ready to help.
We understand that the law can create more questions than answers, so our legal team will guide you through it. Whether you are dealing with medical bills, lost work, or wrongful death, Jones & Swanson will fight to recover your damages and work hard for your best outcome.
By design, Jones & Swanson is a smaller firm, which allows us to take a personal hands on approach to your case. You will talk directly to one of our attorneys, who will return your calls and emails.
We also have the resources to handle big cases and will stand up to insurance companies for you. To start your case, call for a free consultation.
