On April 21, 2025, Governor Brian Kemp signed Senate Bills 68 and 69 into law, ushering in some of the most significant changes to Georgia’s civil justice system in nearly two decades. Supporters of the legislation describe it as a step toward balance and fairness in the courtroom. However, for individuals and families harmed by negligence, these changes represent new challenges when it comes to seeking accountability and compensation.
While the full effects of these laws will unfold over time, one thing is clear: pursuing a personal injury claim in Georgia has become more complicated. These reforms, largely shaped by corporate and insurance industry interests, place new limits on how cases are built, argued, and decided. For victims, that means a more difficult path to justice, especially when going up against well-funded defendants.
At Van Sant Law, we believe it’s important for Georgians to understand how these changes may affect their rights and what they can do to protect themselves.
What Do SB 68 and SB 69 Change?
Here are some of the most important changes under these new laws:
- Premises Liability Limits (Negligent Security Cases): Businesses used to be held responsible if they failed to keep customers safe, especially in high-crime areas. Now, victims must show that a business had specific, prior warnings of a similar crime before it can be held liable. General crime in the area is no longer enough.
- Medical Damages Rule (Truth-in-Damages): Juries can now see not only what a doctor or hospital charged, but also what was actually paid by insurance. This means defendants will argue that the “real” value of care is lower, which could reduce what victims recover, even when they face unpaid bills or don’t have good insurance.
- Pain and Suffering Anchoring Banned: Lawyers are no longer allowed to suggest a specific dollar amount for non-economic damages unless it’s clearly tied to evidence. This change prevents jurors from hearing arguments that put the scope of harm into relatable terms and help them understand the value of a victim’s pain.
- Bifurcation of Trials: Defendants can now request that trials be split into two or even three phases: liability, compensatory damages, and punitive damages. This can delay justice and make it harder for juries to connect a defendant’s wrongdoing to the true impact on a victim’s life.
- Seatbelt Nonuse Admissible: Defendants can now introduce evidence that a victim wasn’t wearing a seatbelt, even if the crash wasn’t their fault. This can unfairly reduce a victim’s compensation.
- Discovery Delays: Defendants can now file a motion to dismiss and pause discovery until it’s resolved. This slows down cases and limits injured people from getting the evidence they need to prove their claims.
- Restrictions on Voluntary Dismissal: Previously, a plaintiff could voluntarily dismiss and restart a case, sometimes to avoid unfair rulings or switch to a more appropriate court. Now that tactic is mostly gone, making it harder to respond to surprise developments in trial.
- Attorney Fee Changes: In some cases, attorneys could recover fees under more than one legal rule. This change stops that, which may discourage attorneys from taking complex or high-risk cases.
- Third-Party Litigation Funding Disclosure (SB 69): If someone outside the case (like a litigation funder) is helping cover legal costs, those agreements now must be disclosed. Funders are also restricted from having any say in how a case is handled. While this adds transparency, it may limit access to funding for people who can’t afford to fight powerful defendants on their own.
Who Benefits from These Laws?
While the new legislation is framed as “leveling the playing field,” the reality is that Senate Bills 68 and 69 primarily benefit corporate defendants, insurance companies, and large property owners, entities with the resources to navigate and exploit the new procedural advantages these laws provide.
By narrowing who can be held accountable, limiting how damages can be presented, and giving defendants more opportunities to delay or dismiss cases early on, the laws make it harder for everyday Georgians to bring legitimate claims forward. These are not small, technical changes. They close off important avenues for recovery and make the courthouse doors narrower for people harmed through no fault of their own.
Supporters claim this reform will lower insurance costs, but history suggests otherwise. There’s little evidence that limiting victims’ rights leads to real savings for consumers. What these changes do accomplish is reducing financial exposure for powerful interests, often at the direct expense of those already dealing with loss or injury.
Our Position
At Van Sant Law, we represent clients who are navigating some of the most difficult moments of their lives – people who have been seriously injured, who have lost loved ones, or who are facing long-term consequences due to someone else’s negligence. These individuals aren’t looking for shortcuts; they’re looking for justice, accountability, and a fair shot at rebuilding their lives.
We believe these laws shift the balance too far. They don’t curb frivolous lawsuits. They make it harder for injured people with valid claims to present their case, prove their harm, and recover what they need to move forward. By changing the rules around what evidence a jury can see, how trials are structured, and who can be held liable, the laws shield wrongdoers and restrict access to meaningful justice.
As Attorney David Van Sant put it:
“But we are not backing down. Georgia Rights Alliance is committed to continuing this fight. We will continue to focus on educating Georgians about their rights and how these new laws will impact them. We will support legal challenges aimed at protecting access to justice and fighting back against the worst provisions of these bills. And we will hold lawmakers accountable for the votes they cast, while organizing and preparing to fight for better leaders and better policies in the next election.”
Our team remains committed to standing with injury victims and standing up to those who would make it harder for them to be heard.
What You Can Do
If you’ve been injured or lost someone due to negligence, these new laws don’t mean you’re out of options. But they do make the legal landscape more complex and make early legal guidance more important than ever. Here’s what you can do:
- Talk to a qualified attorney right away. The sooner you get legal counsel, the better your chances of navigating these new rules successfully.
- Ask questions and stay informed. Tort reform is often framed as neutral or necessary but understanding who benefits and who doesn’t is key.
- Hold lawmakers accountable. These bills passed with the backing of corporate lobbying groups. Voters have the right to know how their representatives voted and why.
At Van Sant Law, we’ll continue to fight for victims and their families. These laws may make the path to justice steeper but they don’t change what’s right. If you have questions about your case or how the new laws may affect your claim, we’re here to help.
Van Sant Law is available 24/7 and serves clients across Georgia. Call (800) 234-9556 or contact us online.
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