Georgia lawmakers are in the final stages of approving a new legislative proposal, Senate Bill 68 (SB 68), that is meant to implement changes to the state’s civil justice system. While advocates of the bill argue that these reforms will reduce insurance costs and improve fairness in litigation, many believe SB 68 will primarily benefit insurance companies and large corporations at the expense of everyday Georgia citizens who have been harmed by negligence or misconduct.
Understanding Senate Bill 68
According to Georgia Rights Alliance, SB 68 will make it easier for insurers to deny valid claims, delay justice for victims and shield negligent large corporations from accountability – all while doing nothing to lower premiums and changing the legal landscape for civil cases for what seems to be the worst.
This proposed “tort reform” legislation by Governor Brian Kemp is suggested to challenge “frivolous lawsuits” and excessive damages awards in Georgia, but at what cost?
Restrictions on Plaintiffs
New restrictions from the bill will affect plaintiff attorneys’ arguments in front of a jury, ultimately limiting what they are allowed to say and leaving the determined value up to the jury to decide based on their “enlightened conscience.”
For example, in the case of Jonathan Buckelew, his injuries from a medical negligence incident resulted in a condition known as “locked-in syndrome,” where his brain is fully functional, but his body is completely paralyzed. For nearly a decade, Jonathan has required around-the-clock ICU-level care at home, costing his family $750,000 a year.
This new bill would have prevented plaintiff attorneys like Lloyd Bell and Laura Shamp from presenting compelling arguments about the actual value of Jonathan and his family’s pain and suffering where the ability to take his case to trial and hold his healthcare providers accountable for falling below the standard of care led to his survival.
Implications for Georgia Residents
Critics of Senate Bill 68 argue that the bill favors the interest of big corporate organizations like insurance companies and big pharma rather than the individual rights of Georgia residents. SB 68 introduces several significant changes to Georgia’s tort laws:
- Limits on Damages and Evidence: By capping noneconomic damages (a range of damages not inherently measured by monetary payouts) and requiring stricter evidence rules, SB 68 makes it harder for victims and their families to receive full compensation for their emotional damage, pain and suffering.
- Discourage Claims: The standards for filing lawsuits will now make it even harder for individuals to seek counsel, which can discourage legitimate claims and leave victims without options to seek justice.
- Complicate Trial Process: The bill allows for the separation of trials into distinct phases for determining liability and damages with hopes of streamlining proceedings, but in reality, this could complicate the litigation process and come as a disadvantage to plaintiffs and their clients.
- Restricting Accountability: Procedural hurdles for holding negligent parties accountable, such as stricter evidentiary requirements and limitations on certain claims, make it more challenging for victims to secure fair compensation from large corporations and insurers—regardless of whether they have legal representation.
Current Standing of Senate Bill 68
Georgia’s General Assembly passed Senate Bill 68 as of March 2025. The Georgia Senate’s GOP majority voted 34-21 in favor of the changes made to SB 68 by the House of Representatives. Now, the final bill is off to Kemp’s desk for his signature to finalize the piece of legislation.
Opponents of the bill still remain dissatisfied and unheard by those in high political positions who are supposed to advocate for the residents of Georgia. The last day of this year’s Georgia General Assembly is set for Friday, April 4, 2025.
We all deserve the right to fair compensation and trial in our justice system. Continue to stay informed and follow updates from organizations like the Georgia Rights Alliance and legal professionals who are still actively opposing this bill. Understanding the bill’s implications allows you to share credible information with others.
Don’t be afraid to talk to your friends, family, and community members about SB 68. Many people are unaware of these changes and how it can affect their rights until it’s too late.
In the wake of this news, if you believe you’ve been harmed by medical malpractice, Bell Law Firm is ready to help. Contact us today for a free case evaluation.