Why SB 68 Makes Legal Representation Essential for Plaintiffs in Georgia

Navigating the civil justice system in Georgia has never been easy, but with the sweeping changes brought by SB 68, the stakes for plaintiffs have never been higher. At Jarrett & Price, we believe that understanding these changes-and the risks of self-representation-is crucial for anyone seeking justice after an injury or loss. This article explains why SB 68 matters to plaintiffs and why partnering with an experienced attorney is now more essential than ever.

SB 68: Raising the Bar for Plaintiffs

SB 68, signed into law in April 2025, marks a dramatic shift in Georgia’s civil litigation landscape. Designed to address concerns about excessive verdicts and perceived abuses of the legal system, the law introduces strict procedural hurdles and caps on damages, fundamentally altering how personal injury and wrongful death claims are handled.

Key Procedural Changes Affecting Plaintiffs

Stricter Voluntary Dismissal and Refiling Rules:
Plaintiffs now have only 60 days after a defendant files an answer to voluntarily dismiss their case without prejudice. After that, dismissals require consent or a court order, and the longstanding “two-dismissal rule” means a second voluntary dismissal is final and bars refiling.
Caps on Non-Economic Damages:
SB 68 limits what can be recovered for pain and suffering, emotional distress, and other intangible losses.
Bifurcated Trials:
Courts can now separate the determination of liability from damages, potentially doubling the length and complexity of a case.

Why Plaintiffs Must Have an Attorney Under SB 68

The Law Is Now Less Forgiving of Mistakes

Before SB 68, plaintiffs had flexibility to correct errors by refiling their case-even late in the process. Now, a simple procedural misstep can be fatal to your claim. For example, if you miss the 60-day window to voluntarily dismiss, you may lose your right to refile unless the defendant agrees or the court permits it. If you dismiss your case twice, the second dismissal is with prejudice-you cannot bring your claim again.

Example:
Imagine you file a personal injury lawsuit but realize you sued the wrong party or in the wrong county. Before SB 68, you could dismiss and refile with relative ease. Now, if you act outside the 60-day period or have already dismissed once, your claim could be lost forever.

The Risk of Procedural Pitfalls Is Higher Than Ever

Civil procedure is complex, and SB 68 adds new layers of technicality. Self-represented plaintiffs (“pro se” litigants) are held to the same standards as attorneys. Judges cannot offer legal advice or help you navigate the rules. If you file the wrong paperwork, miss a deadline, or misunderstand a new requirement, your case could be dismissed or delayed indefinitely.

Common Mistakes by Pro Se Litigants:

Filing incomplete or incorrect forms
Missing critical deadlines (such as the new 60-day dismissal rule)
Failing to respond properly to motions or discovery requests
Not understanding the impact of the two-dismissal rule
Being reactive rather than strategic, especially when facing experienced opposing counse

The Stakes for Damages Are Higher and More Complex

SB 68’s cap on non-economic damages and new rules on presenting medical expenses mean that plaintiffs must present their evidence with precision to maximize recovery. Juries now see only “actual medical costs” paid by insurance, not the full billed amounts, which can drastically reduce awards. Without a skilled attorney, you risk leaving money on the table or failing to prove your damages at all.

Bifurcated Trials Require Sophisticated Strategy

With trials now potentially split into two phases-liability and damages-plaintiffs must prepare for a longer, more complex process. Each phase requires its own preparation, evidence, and strategy. Defendants, often backed by insurance companies and experienced legal teams, are prepared to exploit any weakness in your case. Plaintiffs without legal representation may be overwhelmed, outmaneuvered, or simply unable to keep up with the demands of a bifurcated trial.

The Hidden Risks of Going It Alone

Losing Your Right to Sue

The most devastating risk is losing your right to pursue your claim. Under SB 68, procedural errors can result in your case being dismissed with prejudice-meaning you are forever barred from seeking compensation for your injuries. This is not a hypothetical risk; it is a real and permanent loss.

Financial Losses and Undercompensation

Without an attorney, you may fail to properly calculate or prove your damages, especially with the new limitations on what can be presented to a jury. Insurance companies are skilled at minimizing payouts, and without strong legal advocacy, you may accept a lowball settlement or lose at trial.

Delays and Emotional Toll

Self-represented litigants often cause delays by filing incorrect paperwork or missing deadlines. This not only prolongs your case but also increases your stress and reduces your chances of a favorable outcome.

Being Outmaneuvered by Defense Counsel

Opposing attorneys know the law and the new rules inside and out. They may use procedural tactics to dismiss your case or force errors. Without legal training, you may not even recognize when your rights are being undermined.

Why an Attorney Is Your Best Ally

Mastery of the New Rules

Attorneys stay up to date on changes like SB 68 and know how to navigate the new procedural landscape. They ensure your case is filed correctly, deadlines are met, and all opportunities for recovery are preserved.

Strategic Advocacy

An attorney develops a strategy tailored to your case, anticipates defense tactics, and positions your claim for the strongest possible outcome. They know how to present evidence, handle bifurcated trials, and maximize damages within the new legal limits.

Leveling the Playing Field

With an attorney, you are not alone against powerful insurance companies and defense lawyers. Your attorney is your advocate, negotiator, and protector-fighting for your rights every step of the way.

Reducing Stress and Uncertainty

Litigation is stressful, especially when your health and financial future are on the line. An attorney handles the legal burdens, allowing you to focus on recovery and peace of mind.

Our Commitment at Jarrett & Price

At Jarrett & Price, we understand the challenges plaintiffs face under Georgia’s new legal landscape. We believe in standing up for individuals-not insurance companies or big corporations. Our attorneys have the experience, knowledge, and tenacity to guide you through every step of your case, ensuring that your rights are protected and your voice is heard.

If you’ve been injured or lost a loved one due to someone else’s negligence, don’t risk your future by going it alone. Contact our firm today for a free consultation. Let us help you navigate the complexities of SB 68 and fight for the compensation you deserve.

Key Takeaways

SB 68 makes Georgia’s civil litigation process more complex and less forgiving of mistakes.
Plaintiffs face strict new rules on dismissals, refiling, and damages.
Self-representation puts your claim-and your financial future-at serious risk.
An experienced attorney is essential to protect your rights and maximize your recovery.

Don’t let a technical error or procedural misstep cost you your day in court. Trust the team at Jarrett & Price to guide you through Georgia’s new legal landscape and fight for the justice you deserve.