Georgia’s 2025 tort reform law, Senate Bill 68, was signed on April 21, 2025. It did not cap pain and suffering damages and did not change the two-year filing deadline, but it did change how injury cases are argued and proven: how medical bills are shown, whether seat belt evidence comes in, how lawyers may discuss noneconomic damages and how negligent security claims work.
Some of these changes apply to cases that were already pending when the law took effect, and some apply only to injuries on or after April 21, 2025. Here is what changed, what did not and what it may mean for your claim.
Key Takeaways
- SB 68 set no dollar cap on pain and suffering, and most injury claims still must be filed within two years (O.C.G.A. § 9-3-33).
- For claims arising on or after April 21, 2025, medical damages are limited to the reasonable value of necessary care, and juries may hear what health insurance would pay (O.C.G.A. § 51-12-1.1).
- Seat belt non-use can now be admitted on fault and causation, and the law says this applies to pending cases too.
- Negligent security claims against property owners face new, stricter requirements for injuries on or after April 21, 2025.
- A companion law, SB 69, regulates companies that fund lawsuits, with most provisions effective January 1, 2026.
What Did Not Change
- No new cap on pain and suffering. SB 68 limits how lawyers can argue for noneconomic damages, but it sets no dollar cap. Georgia’s 2005 cap on noneconomic damages in medical malpractice cases was struck down by the Georgia Supreme Court in 2010 in Atlanta Oculoplastic Surgery v. Nestlehutt.
- No change to filing deadlines. Most injury claims still must be filed within two years. See our guide to Georgia personal injury deadlines.
- Punitive damages. The existing $250,000 cap on punitive damages, with its exceptions such as impaired driving, was not changed by SB 68 (O.C.G.A. § 51-12-5.1).
- Comparative fault. Georgia’s modified comparative fault rule still reduces your recovery by your share of fault and bars recovery at 50% or more (O.C.G.A. § 51-12-33).
The Key Changes in SB 68
The Act says its negligent security and medical damages sections apply only to causes of action arising on or after April 21, 2025. The rest apply to cases pending on that date, unless that would be unconstitutional.
| Change | What it does | Which cases |
|---|---|---|
| Arguing pain and suffering (O.C.G.A. § 9-10-184) | Lawyers may suggest a dollar amount for noneconomic damages only in closing argument, and only if it is rationally related to the evidence | Pending and future cases |
| Medical bills (O.C.G.A. § 51-12-1.1) | Medical damages are limited to the reasonable value of necessary care; the jury may hear both billed amounts and what insurance would pay, and letter of protection arrangements are open to discovery | Injuries on or after April 21, 2025 |
| Seat belt evidence (O.C.G.A. § 40-8-76.1) | Not wearing a seat belt may be admitted on negligence, comparative fault, causation and apportionment | Pending and future cases |
| Negligent security (O.C.G.A. §§ 51-3-50 to 51-3-57) | New, stricter elements for claims against property owners over crimes by third parties, with fault apportioned to the criminal | Injuries on or after April 21, 2025 |
| Trial phases (O.C.G.A. § 51-12-15) | A party may ask for separate phases on fault, compensatory damages and punitive damages | Pending and future cases |
| Motions to dismiss (O.C.G.A. § 9-11-12) | Discovery is paused while certain early motions to dismiss are pending | Pending and future cases |
| Voluntary dismissal (O.C.G.A. § 9-11-41) | A plaintiff can dismiss without a court order or the other side’s consent only within 60 days after the answer is filed | Pending and future cases |
| Attorney’s fees (O.C.G.A. § 9-15-16) | Prevents recovering attorney’s fees twice for the same conduct under different statutes | Pending and future cases |
What These Changes May Mean for Your Claim
Medical Bills Need More Support
Because the jury may hear what health insurance would actually pay, careful documentation of your treatment, bills, payments and future care matters more than ever. Tell your lawyer about all of your insurance from the start. You can read the new rule at O.C.G.A. § 51-12-1.1.
Seat Belt Use Can Now Be an Issue
The defense may raise seat belt use when arguing fault and causation. It does not automatically bar your claim, and the judge can still exclude the evidence in some circumstances, but it can affect your share of fault. It may come up in newer claims, so tell your lawyer honestly whether you were belted. Learn more about Georgia car accident claims.
Pain and Suffering Is Argued Differently
The value of your pain, limitations and lost enjoyment of life still counts. Your lawyer has to tie any suggested number to the evidence, so daily journals, treating doctors and people who know you may carry more weight. Our guide to Georgia pain and suffering explains more.
Negligent Security Cases Are Harder
A person hurt by a crime at an apartment complex, parking lot or store now has to meet new proof requirements, such as showing the owner had a particularized warning or knew of prior similar crimes. The criminal’s share of fault may also reduce what the owner pays. See our premises liability page.
Cases May Take Longer to Get Moving
If the defense files an early motion to dismiss, discovery can be paused until the court rules, which may slow the start of a case.
SB 69: Litigation Funding
SB 69 requires companies that fund lawsuits to register with the Georgia Department of Banking and Finance, bars funders from controlling a case or settlement, restricts funding tied to foreign adversaries and makes funding agreements discoverable in some circumstances. According to the Department, most of its provisions took effect on January 1, 2026.
How We Got Here
- 2005: Georgia passed a tort reform package that included a $350,000 cap on noneconomic damages in medical malpractice cases.
- 2010: The Georgia Supreme Court struck down that cap as a violation of the right to a jury trial.
- Early 2025: Governor Kemp proposed a tort reform package covering evidence, damages, negligent security and litigation funding.
- April 21, 2025: SB 68 and SB 69 were signed into law.
Supporters argued the changes would curb excessive verdicts and lower insurance costs. Opponents argued they make it harder for injured people to be fully compensated. Whatever side you take, the rules for Georgia injury claims are different now, and they can apply differently depending on when you were hurt.
Frequently Asked Questions
Did Georgia Cap Pain and Suffering Damages in 2025?
No. SB 68 changed how lawyers may argue for pain and suffering damages, but it did not set a dollar cap. Juries still decide the value of noneconomic losses based on the evidence.
Does SB 68 Apply to My Accident?
It depends on the provision. The medical damages and negligent security changes apply only to injuries on or after April 21, 2025. The timing of other changes, including the seat belt rule, can vary from case to case, so ask a lawyer how the law applies to yours.
Can the Jury Hear That I Was Not Wearing a Seat Belt?
It may. Under the rewritten O.C.G.A. § 40-8-76.1, seat belt non-use can be admitted on fault, causation and apportionment, and the legislature applied the change to pending cases. The judge can still exclude it in some situations, and the defense has to connect it to your injuries.
Did SB 68 Change the Statute of Limitations?
No. Most Georgia personal injury claims must still be filed within two years of the injury, and property damage claims generally have four years. Claims against government bodies can have much shorter notice deadlines.
If you are not sure how SB 68 affects your injury claim, The Gunn Law Group offers a free, no-obligation consultation, and there is no attorney fee unless we recover for you. Hablamos español. Call 888-BIG-GUNN (888-244-4866) to talk with our team.
