As Georgia lawmakers gear up for the legislative session in January 2024, the focus is on tort reform—a topic that has been under consideration for years but lacks lasting legislation. At Gunn Law Group, we believe it’s crucial for Georgians to be informed about proposed changes that may affect their ability to seek compensation after an accident.
The Landscape of Tort Reform
Tort, in simple terms, refers to a wrongful act leading to civil liability. The impending reforms may include restrictions on premises liability lawsuits and other changes that could potentially make it more challenging for injury victims to pursue rightful compensation.
Examining Both Perspectives
Pro-Tort Reform: Supporters argue that current laws make it too easy to file frivolous lawsuits, increasing costs for insurance companies and hindering job creation. Proposed reforms might include preventing property owners from being held responsible for unrelated crimes on their premises and restricting “direct action” suits against insurers.
Anti-Tort Reform: Opponents contend that the issue of frivolous lawsuits is exaggerated, aiming to reduce payouts by business groups and insurance companies. They place trust in the civil justice system, relying on juries to determine the merit of each case. Those against reform fear potential harm to the injured and their families.
The History of Tort Reform in Georgia
Historically, Republicans in Georgia have supported tort reform, facing opposition from Democrats who controlled the legislative majority. In 2005, a cap on non-economic damages was passed, limiting accident victims’ claims to $350,000 for emotional and physical pain. However, the Supreme Court overturned this cap in 2010.
Despite unsuccessful attempts in 2023, the tort reform battle continues, with potential implications for injury victims depending on the outcome of new legislation.
Potential Impacts on Injury Victims
Injury victims may face various challenges based on the legislative changes. Prohibiting direct action lawsuits could leave victims without financial support when at-fault parties can’t compensate adequately. Potential impacts include:
- Inability to sue insurers and trucking companies simultaneously
- Challenges suing property owners for premises liability
- Limits on defective product lawsuits
- Caps on damages
- Increased obstacles in seeking damages for car accidents, medical malpractice, wrongful death, and other torts
How Gunn Law Group Can Help
If Georgia’s tort reform results in restrictions on injury suits, Gunn Law Group is ready to provide the legal support injury victims need. We offer compassionate and effective counsel to help you recover from injuries and secure a brighter future.
Whether you’ve been hurt in a car crash, slip and fall, or another incident, our team is here to help you pursue a fair settlement or court verdict. Schedule a free consultation with one of our attorneys to understand your rights and kickstart your case.
Call us today at 888-244-4866 to schedule your free consultation and learn more about your legal options. Gunn Law Group is your advocate in the fight for the compensation you deserve.