Overall Impact of the 2025 Georgia Tort Reform Law on Injury Claims
Posted by Wetherington Law Firm | Articles
On April 21, 2025, Georgia enacted sweeping tort reform through Senate Bills 68 and 69, signaling a significant recalibration of the state’s civil litigation framework. While proponents claim these reforms will reduce “frivolous lawsuits” and lower insurance costs, the practical effect is a substantial restriction on injured plaintiffs’ ability to recover fair compensation, particularly in premises liability and motor vehicle accident cases. These reforms arrive amid a climate of increasing claim denials and heightened insurance scrutiny.
Impact Injured Plaintiffs
The law, comprising Senate Bills 68 and 69, introduces changes that could limit compensation for injured plaintiffs:
- Stricter Liability Standards: Negligent security cases now require proof of prior wrongful conduct within 500 yards of the property. This may reduce successful claims against property owners in cases like assaults or slip-and-falls.
- Lower Damage Awards: Evidence of actual medical costs paid (not billed) and bans on “anchoring” pain and suffering damages (e.g., referencing unrelated high figures) could lead to smaller awards.
- Procedural Challenges: Bifurcated trials (separating liability and damages) and allowing seatbelt evidence in auto cases may reduce payouts, as non-use of seatbelts could mitigate damages.
- Funding Restrictions: Limits on third-party litigation funding and transparency requirements may hinder plaintiffs’ ability to finance lawsuits, potentially reducing access to justice.
These reforms may lower the volume of litigation, but they do so by narrowing access to justice, not by resolving the root causes of injury or overburdened courts, Matt noted.
Impact on Plaintiffs’ Attorneys
The law creates challenges for attorneys representing plaintiffs:
- Fewer Cases: Stricter liability and damage rules may discourage taking on cases with lower potential payouts, especially in negligent security or smaller claims.
- Increased Complexity: Bifurcated trials, new dismissal motion timelines, and restrictions on voluntary dismissals increase litigation costs and time.
- Reduced Attorney Fees: Eliminating double recovery of attorney fees and regulating litigation funding could lower earnings.
- Strategic Shifts: Attorneys may need to focus on high-value cases and adapt to new evidentiary rules, such as seatbelt evidence, requiring changes in case selection and preparation.
- Automatic Stay of Discovery: When a defendant files a motion to dismiss, discovery is automatically stayed for 90 days. This provision can delay the gathering of evidence, potentially impacting the plaintiff’s ability to build a strong case promptly.
- Limitations on Damage Arguments: Attorneys must ensure that any suggested amounts for non-economic damages are substantiated by trial evidence, restricting the use of persuasive analogies or comparisons during closing arguments.
Georgia’s 2025 tort reform law significantly alters the balance of power in civil litigation. Though framed as a cost-control measure, it reduces jury discretion, imposes stricter liability standards, and introduces procedural hurdles like bifurcated trials. These changes not only burden plaintiffs and their attorneys but also demand greater legal precision to achieve fair outcomes in an increasingly defendant-friendly system.
— Matt Wetherington, Wetherington Law Firm.
About Matt Wetherington
Matt Wetherington, founder of Wetherington Law Firm in Atlanta, Georgia, is a nationally recognized personal injury and wrongful death lawyer known for handling high-stakes cases and achieving record-setting verdicts across Georgia. A first-generation college graduate from Climax, Georgia, Matt was inducted into the ALM Verdicts Hall of Fame by age 30 and named to the Daily Report’s “On the Rise” list. He is a leading advocate for consumer rights and legal innovation, especially in the ethical use of AI in law. His firm was voted Georgia’s #1 personal injury firm by peers in 2022 and 2023, and he co-founded the Legal Accelerator Network to empower both lawyers and clients.
Resources: