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Senate Bill 68 is making its way through the Georgia legislature, and it could change how auto accident injury claims are handled in the state. At Jarrett & Price, we believe it’s essential to understand how this bill could impact your rights as an auto accident or personal injury victim. If passed, this new Georgia Tort Reform could limit the compensation you can receive and make it harder to hold negligent parties accountable. In the end, the primary beneficiary to this bill is the powerful insurance lobby.
What Is Senate Bill 68?
Senate Bill 68 proposes significant changes to Georgia’s tort laws, which govern how injury claims are handled. These changes will affect how damages are calculated, the evidence allowed in court, and the overall legal process in Georgia’s courts for auto accident injury claims and other personal injury cases.
The bill is designed to limit compensation for injury victims, which may sound like it reduces insurance costs. However, in reality, it mainly benefits insurance companies by reducing the amount they have to pay in claims. The advocates of this legislation argue that it will reduce insurance premiums by reducing litigation. The insurance industry has admitted that this is not the case. The American Insurance Association has previously stated that “[T]he insurance industry never promised that tort reform would achieve specific premium savings.” Senate Bill 68 is a gift to insurance companies and it hurts everyday Georgians who are injured by negligent actors.
How Senate Bill 68 Affects Auto Accident Injury Victims
- Limits on Noneconomic Damages
Noneconomic damages are meant to compensate for pain and suffering, emotional distress, and loss of quality of life. Under current law, there are no specific limits on how much a jury can award for these damages.
What the Bill Changes:
- Senate Bill 68 restricts lawyers from suggesting specific dollar amounts for pain and suffering until the end of the trial.
- This can make it harder for juries to understand the true impact of an injury on a victim’s life, leading to lower compensation.
Who Benefits:
- Insurance companies benefit because juries may award smaller amounts without clear guidance on the value of noneconomic damages.
- Restrictions on Medical Expense Recoveries
Currently, Georgia law allows accident victims to recover the full cost of medical expenses, regardless of whether they have insurance.
What the Bill Changes:
- The bill limits recoveries to the “reasonable value” of medical expenses.
- It also allows insurance payments to be introduced as evidence, which means juries will see the discounted rates insurance companies pay rather than the full amount billed.
Who Benefits:
- Insurance companies can reduce payouts by showing that medical bills were covered at a lower rate, leaving victims to pay the difference.
- Evidence of Seat Belt Use
Under existing law, whether or not a victim was wearing a seat belt is generally not allowed as evidence in court.
What the Bill Changes:
- Senate Bill 68 allows evidence of seat belt use (or lack thereof) to be used against accident victims.
- This could reduce the amount of compensation awarded, even if the other driver was clearly at fault.
Who Benefits:
- Insurance companies can argue that not wearing a seat belt contributed to the injury, reducing the amount they have to pay.
- Higher Standards for Negligent Security Claims
In Georgia, property owners can be held liable if a dangerous condition on their property leads to injury. This includes injuries from criminal acts due to inadequate security.
What the Bill Changes:
- The bill raises the standard of proof for these claims, requiring clear and convincing evidence of similar prior incidents.
- This makes it harder for victims to prove that the property owner should have foreseen the danger.
Who Benefits:
- Property owners and their insurance companies benefit because it becomes much harder to prove liability for negligent security.
- Delays in Discovery and Evidence Gathering
Discovery is the process of gathering evidence to build a case. Under current law, discovery can begin as soon as the lawsuit is filed.
What the Bill Changes:
- Senate Bill 68 automatically delays discovery for 90 days if a motion to dismiss is filed.
- This slows down the victim’s ability to gather evidence, giving defendants more time to prepare their defense.
Who Benefits:
- Defendants and their insurance companies gain a strategic advantage by delaying the discovery process.
Who Really Wins with Senate Bill 68?
While the bill is presented as a way to reduce frivolous lawsuits and lower insurance premiums, the reality is different:
- Insurance Companies Win: By limiting compensation and making it harder to prove liability, insurance companies save money on claims.
- Injury Victims Lose: Victims of auto accidents, violent crimes, and other personal injuries will find it harder to get fair compensation.
What Can You Do?
If you believe in protecting the rights of auto accident injury victims, here’s how you can help:
- Contact Your State Representative: Let them know you oppose Senate Bill 68 and support fair compensation for injury victims.
- Share This Information: Help others understand how this bill affects their rights.
- Stay Informed: Follow us on social media for updates on this legislation and other issues impacting Georgia families.
Jarrett & Price: Standing Up for Georgia’s Injury Victims
At Jarrett & Price, we are dedicated to fighting for the rights of injury victims in Georgia. We believe that people who have been harmed due to someone else’s negligence deserve fair compensation.
If you or a loved one has been injured in an auto accident or other personal injury incident, contact us today. We’re here to help you navigate the complex legal system and get the justice you deserve.
Contact Jarrett & Price Today
Your fight is our fight. Call us at 855-909-3021 or answer the questionnaire below to schedule a consultation if you have been injured in Georgia.
