If you were hurt in an accident in Macon and you are trying to figure out what your case is worth, the rules changed. The compensation you could have recovered in March 2025 may not be the same compensation available to you today. Insurance companies now have additional arguments to reduce what they pay. Defense lawyers have new procedural tools to slow your case and split your trial apart. Your own health insurance records can now be used as evidence against you.
On April 21, 2025, Governor Brian Kemp signed Senate Bill 68 into law. In the Governor’s press release, House Speaker Jon Burns called it Georgia’s most comprehensive tort reform package in nearly two decades. Whether you were already in a lawsuit or you were injured yesterday, parts of this law affect your case right now.
This is not a neutral summary. We represent injured people, and we wrote this guide so you can understand exactly how the new law affects your ability to recover what you are owed. Every section below explains what changed, what it costs you, and what you should do about it.
A companion law, SB 69, regulates third-party litigation funding. We cover that below as well.
What SB 68 Changed and What It Costs You
SB 68 rewrites the rules across the full life cycle of a personal injury case in Georgia. It changes how your case is filed, how long it takes to get to trial, what evidence the jury sees, how your medical bills are valued, how your pain and suffering is argued, whether your trial is split into phases, and how fault is divided when a crime caused your injury.
Many of these changes are widely viewed as benefiting defendants and insurers in litigation. The law was part of a broad legislative effort to address what supporters described as an “out-of-balance” legal environment in Georgia. Supporters said it would reduce insurance premiums and litigation costs. Critics argue it may also reduce the compensation available to people who are injured through no fault of their own.
That does not mean your case is worthless. It means the margin for error is narrower. Mistakes that a strong case could absorb before SB 68, like a gap in medical records, a recorded statement to an adjuster, or waiting too long to file, can now seriously impact your ability to recover compensation. The attorneys handling your case need to know these rules cold, because the insurance company’s lawyers already do.
New Limits on Medical Bill Recovery in Georgia Injury Cases
This is the provision with the greatest financial impact on most injury cases.
Before SB 68, Georgia followed the collateral source rule. If a hospital billed $80,000 for your treatment but your health insurance negotiated that amount down to $22,000, the jury only saw the $80,000 figure. The defendant could not tell the jury what your insurance actually paid or what the provider wrote off.
SB 68 changed this. Under the new law, both sides can now present evidence of medical costs. You can still show the full billed amount. But the defendant can now show the amount your insurance company actually paid, including contractual write-offs and adjustments. The jury then decides the “reasonable value” of your treatment based on all of this evidence.
Here is what that means in practice. If your surgery was billed at $80,000 and your insurer paid $22,000, the jury now sees both numbers and decides what is reasonable. On cases where medical bills are a major component of damages, this provision can significantly reduce the total recovery compared to what was possible under the old rule.
The insurance landscape for injury victims in Georgia shifted significantly with this provision. The better your health plan, the lower the negotiated rate, and the lower the number the defendant can present to the jury. In some cases, an uninsured person may now recover more for the same treatment than an insured person.
Your health insurance information is now discoverable in litigation. The defense may seek your EOBs, your plan’s contracted rates, and the amounts paid for your treatment.
This provision applies only to causes of action arising on or after April 21, 2025. If your injury occurred before that date, the old collateral source rule still applies to your medical damages.
What you should do: Keep every medical bill, every explanation of benefits, and every receipt. Do not negotiate or settle any medical bills without legal advice. How your medical treatment is billed and documented now directly affects what a jury can award you. An attorney who understands the new evidentiary framework can help you understand how billing and documentation decisions may affect your claim.
We wrote a detailed guide on this topic: [Phantom Damages in Georgia: How SB 68 Changes What You Can Recover for Medical Bills].
Seatbelt Evidence Is Now Admissible Against You in Court
For decades, Georgia law prohibited defendants from telling a jury that an injured person was not wearing a seatbelt at the time of a crash. This was known as the seatbelt gag rule.
SB 68 eliminated it, with SB 69 later clarifying the provision’s effective date. Evidence of whether you were wearing a seatbelt is now admissible on the issues of negligence, comparative negligence, causation, assumption of risk, and apportionment of fault, and may be used to diminish any recovery for damages. In plain language: if you were not buckled up, the other side can use that fact to argue that you caused or worsened your own injuries, which may reduce your compensation.
This can meaningfully affect your case value. If the defendant establishes that your injuries would have been less severe with a seatbelt, the jury may reduce your award accordingly. The extent of any reduction depends on the type of injury and the medical evidence presented.
One important limit: seatbelt evidence cannot be used by insurance companies to cancel your coverage or increase your premiums.
The seatbelt rule applies to actions commenced on or after April 21, 2025. Courts retain discretion to exclude seatbelt evidence under O.C.G.A. 24-4-403 if its probative value is substantially outweighed by the danger of unfair prejudice.
What you should do: If you were in a crash and you were not wearing a seatbelt, do not volunteer that information to the insurance adjuster. Do not post about it on social media. Speak with an attorney before giving any statement. There are legal strategies to address seatbelt evidence, but they require preparation.
Restrictions on How Your Attorney Can Argue Pain and Suffering
Pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium are classified as non-economic damages. Before SB 68, attorneys could suggest a dollar value for these damages at various points during trial, including by referencing external benchmarks like professional athlete salaries, lottery payouts, or other large numbers. This technique is called anchoring, and it helped juries understand the scale of compensation that serious injuries warrant.
SB 68 restricts this in three ways.
First, your attorney cannot argue the monetary value of non-economic damages to the jury until after the close of evidence, at the first opportunity to argue damages. During voir dire and opening statements, counsel may not elicit testimony or make arguments about the dollar value of non-economic damages.
Second, any dollar amount suggested must be “rationally related to the evidence of noneconomic damages” actually presented in the case. References to unrelated large numbers are now prohibited.
Third, any specific dollar amount your attorney suggests during closing argument must be consistent with what was argued at the first opportunity to present damages arguments. Your attorney cannot introduce a substantially different number in rebuttal closing.
The effect: juries without an anchor tend to award less. Insurance companies lobbied for this change specifically because they know anchoring led to larger verdicts. Without it, the defense’s strategy shifts to making your suffering sound smaller, and your attorney has fewer tools to push back.
These restrictions apply retroactively. If your lawsuit was already filed before April 21, 2025, the new anchoring rules still govern your trial.
What you should do: Your attorney’s trial strategy matters more now than ever. The ability to build a compelling damages case through evidence, not rhetoric, is the difference between full compensation and a lowball result. This is not a case you want handled by an attorney who relies on closing argument theatrics instead of evidence preparation.
Either Side Can Now Split Your Trial Into Separate Phases
SB 68 allows any party in a bodily injury or wrongful death case to request that the trial be divided into two or three phases.
Phase one addresses liability and fault only. The jury decides who is at fault and what percentage of fault each party bears. No evidence of your injuries, medical bills, or suffering is presented during this phase.
If the jury finds the defendant liable, phase two begins. The same jury then hears evidence about your damages and decides compensation.
If punitive damages are claimed, a third phase addresses those, along with any related attorney fee determinations and any further proceedings the court deems necessary.
Either side can request bifurcation in writing before the pretrial order is entered. The court must grant a timely election absent a statutory exception. The two recognized exceptions are: the plaintiff was injured by a sexual offense and would suffer serious distress from testifying in multiple phases, or the amount in controversy is less than $150,000.
Here is the practical problem. When a jury decides liability without seeing your injuries, they are deciding in a vacuum. They do not see the X-rays. They do not hear about the surgeries. They do not know your daughter had to feed you for three months. Defense attorneys know this, and they will request bifurcation in every qualifying case because it improves their odds of winning the liability phase.
If the defendant wins on liability, there is no damages phase. Your case is over.
The bifurcation rule is retroactive and applies to all pending and future cases regardless of when the injury occurred.
What you should do: If your case involves more than $150,000 in damages, expect the defense to request a split trial. Your attorney needs to build a liability case strong enough to win without the emotional weight of your injuries. That requires more preparation, not less. Ask any attorney you are considering whether they have tried a bifurcated case.
Sweeping Changes to Negligent Security and Premises Liability Claims
If you were assaulted, robbed, or shot on someone else’s property, this is the section that matters most to you. SB 68 did not just tweak negligent security law. It replaced it.
Before this law, these cases were governed by the Georgia Supreme Court’s “totality of the circumstances” standard from Georgia CVS Pharmacy, LLC v. Carmichael (2023). Under that standard, a jury could consider the full picture of what a property owner knew or should have known about crime risk.
Under the new law, a negligent security claim by an invitee requires more than proving one of four foreseeability conditions. It requires a multi-element test. The plaintiff must show that at least one foreseeability condition existed:
The property owner had actual knowledge of a specific warning of an imminent threat. The property owner had documented knowledge of prior substantially similar crimes on the property, meaning crimes of the same general type rather than identical crimes. The property owner had actual knowledge of prior similar crimes within 500 yards of the property, supported by police reports, incident reports, or other documented evidence. The property owner knew or should have known that the same perpetrator would be on the premises.
But proving foreseeability alone is not enough. The plaintiff must also show that the injury was a reasonably foreseeable consequence of a third party exploiting a specific physical condition of the property, that this risk was greater than the general risk of crime in the surrounding area, that the owner failed to exercise ordinary care, and that this failure was a proximate cause of the injury. Each of these elements must be proven. Missing any one of them defeats the claim.
The standard for licensees is even narrower. A licensee must prove that the owner had actual knowledge of the specific danger and failed to warn.
If you cannot satisfy the full test, your negligent security claim does not survive.
It gets harder. The law requires the jury to apportion fault to the criminal who committed the act. If the total fault assigned to all criminals is less than the total fault assigned to all property owners, the verdict is presumed unreasonable. The defendant can then file a motion for new trial on that basis, and the court is required to grant it. This is not an automatic reversal, but it creates a strong procedural mechanism that makes it very difficult to hold a property owner primarily responsible.
New defenses were added. Property owners have no liability to trespassers, no liability for injuries that occurred off the premises, and no liability when the injured person was committing a felony or a theft-related offense under Title 16, Chapter 8 of the Georgia Code at the time.
The law specifies that property owners are not required to exercise extraordinary care and are not required to assume the responsibilities of law enforcement or public safety.
These provisions apply only to causes of action arising on or after April 21, 2025.
What you should do: If you or a family member was the victim of a violent crime on someone else’s property in Macon, whether at an apartment complex, a gas station, a parking lot, or a retail store, the viability of your claim depends entirely on what the property owner knew and when. Evidence of prior crimes, police call logs, incident reports, and security system records must be obtained immediately before the property owner has any reason to dispose of them. An attorney experienced in premises liability in Bibb County should be your first call, not your second.
We explain the full impact of these changes in our guide: [How Georgia’s Tort Reform Reshaped Negligent Security and Premises Liability Claims].
New Procedural Rules That Slow Your Case Down
SB 68 made three procedural changes that benefit defendants by adding delay and removing plaintiff flexibility.
Discovery stays. When a defendant files a motion to dismiss under O.C.G.A. 9-11-12 (Georgia’s equivalent of a Rule 12(b) motion) before or at the time of filing an answer, discovery is automatically stayed. The court must rule on the motion within 90 days following the conclusion of briefing. If the defendant files an answer before the court rules, the stay ends immediately. If the court has not ruled within 90 days, either party can ask the court to lift or modify the stay. Discovery deadlines are extended by the length of the stay. One important exception: limited discovery is still permitted when needed to respond to certain defenses (such as jurisdictional challenges) or to identify persons who may need to be joined as parties.
What this means for you: the investigation phase of your case, when your attorney subpoenas records, deposes witnesses, and builds your evidence, can be frozen for months at the start. Meanwhile, surveillance footage gets overwritten, witnesses forget details, and medical records get harder to obtain. Defense firms will file motions to dismiss as a routine tactic to buy time.
Voluntary dismissal restrictions. Before SB 68, a plaintiff could dismiss a case without prejudice at any time before the first witness was sworn at trial, then refile within six months. This gave plaintiffs a strategic option to reset the case if circumstances changed. Under the new law, a plaintiff can only dismiss without court approval within 60 days after the defendant files an answer. After that, dismissal requires either the consent of all parties or a court order. A second voluntary dismissal of the same claim operates as a dismissal with prejudice, meaning you cannot refile.
What this means for you: your attorney has less room to maneuver. Filing prematurely and then needing to regroup is no longer a viable option. The case must be ready when it is filed.
Double recovery of attorney fees eliminated. SB 68 provides that the same attorney fees, court costs, or expenses of litigation cannot be recovered more than once in a case, even if multiple statutes would independently authorize such an award. It also prohibits using a contingency fee agreement as evidence of what constitutes a reasonable fee.
These procedural changes apply retroactively to all pending and future cases.
What you should do: Start building your case immediately after injury. Do not wait to see how things develop. Under the old rules, a slow start could be corrected. Under the new rules, delay is a weapon the defense can use against you. An experienced personal injury lawyer in Macon, GA can begin preserving evidence, filing necessary notices, and developing strategy while the procedural clock is already running.
SB 69: New Rules for Litigation Funding in Georgia
SB 69 is a separate law that regulates third-party litigation funding. This is the practice of outside investors providing money to plaintiffs during litigation in exchange for a share of any recovery. The law was motivated in part by concerns about foreign litigation funding, where investors outside the United States finance lawsuits in American courts.
Under SB 69, litigation funders must register with the state. Foreign governments, sovereign wealth funds, and foreign principals are prohibited from funding litigation in Georgia. All litigation financing agreements must be memorialized in a written contract. The $25,000 threshold is significant for additional consequences: agreements at or above that amount trigger specific liability, indemnification, and nonparty discovery obligations. The existence, terms, and conditions of funding agreements involving parties to pending actions are discoverable by the opposing side. Funders cannot receive a share of the plaintiff’s recovery that exceeds the plaintiff’s own net recovery after attorney fees and costs.
Violations carry criminal penalties ranging from misdemeanors to felonies, fines up to $10,000, and prison time of one to five years.
The registration and regulatory requirements took effect on January 1, 2026. The discovery provisions apply to actions or proceedings commenced, or contracts entered, on or after April 21, 2025.
If you are using or considering litigation funding for your injury case, you should understand how these new disclosure requirements may affect your legal strategy.
Which Rules Apply to Your Case: The Before and After April 21, 2025 Divide
Not every provision of SB 68 applies to every case. The effective dates vary by section.
Retroactive provisions (apply to all pending and future cases):
Section 1: Restrictions on non-economic damages arguments (anchoring limits). Section 2: New motion to dismiss and discovery stay procedures. Section 3: Voluntary dismissal restrictions (60-day window). Section 4: Double recovery of attorney fees eliminated. Section 8: Bifurcation option for bodily injury and wrongful death trials.
Prospective provisions (apply only to causes of action arising on or after April 21, 2025):
Section 5: Seatbelt evidence admissibility (note: SB 69 amendment clarified this applies to actions commenced on or after the effective date). Section 6: New negligent security framework (foreseeability standards, fault apportionment to criminals, property owner defenses). Section 7: Phantom damages rule (medical bill evidence, collateral source rule change).
The date that matters is when your cause of action arose, which is generally the date you were injured. If you were hurt on April 20, 2025, the old negligent security rules and old medical damages rules apply to your case. If you were hurt on April 22, 2025, the new rules apply. But the procedural changes (discovery stays, bifurcation, anchoring restrictions, dismissal limits) apply to your case regardless of when you were injured.
If you are unsure which rules apply to your situation, speak with an attorney who understands both the old and new frameworks.
Frequently Asked Questions About Georgia Tort Reform
Does SB 68 apply to my case if I was injured before April 21, 2025? It depends on the specific provision. The procedural changes (discovery stays, bifurcation, anchoring restrictions, voluntary dismissal limits, attorney fee rules) apply to all pending and future cases regardless of injury date. The seatbelt evidence rule, negligent security framework, and phantom damages rule apply only to cases arising on or after April 21, 2025.
My lawsuit was already filed before April 21, 2025, but my injury also happened before that date. Which rules apply? The retroactive procedural rules apply to your case immediately: anchoring restrictions, bifurcation, discovery stays, voluntary dismissal limits, and the attorney fee rules. The prospective rules (seatbelt evidence, negligent security, phantom damages) do not apply because your cause of action arose before the effective date. However, you should discuss the specific interaction of these rules with your attorney, because the procedural changes alone can significantly affect trial strategy and timing.
Can the insurance company see my health insurance records now? If your injury occurred on or after April 21, 2025, yes. Your health insurance information, including what your plan paid and what the provider wrote off, is now discoverable and admissible as evidence at trial.
Does SB 68 cap damages in Georgia? No. SB 68 does not impose a damages cap. It changes how damages are argued and what evidence is presented, but the jury still determines the amount. There is no statutory ceiling on compensatory damages in Georgia personal injury cases.
Can I still file a negligent security claim in Georgia? Yes, but the standard is significantly higher than before. For invitee claims, you must satisfy a multi-element test that includes proving one of four foreseeability conditions, showing that the injury was a foreseeable consequence of a specific physical condition of the property, demonstrating that the owner failed to exercise ordinary care, and establishing proximate cause. The jury must also apportion fault to the criminal perpetrator. An attorney can evaluate whether the evidence in your case meets the new threshold.
Is the seatbelt evidence rule being challenged in court? The seatbelt evidence provision has generated significant debate within the legal community. Courts retain discretion to exclude seatbelt evidence under O.C.G.A. 24-4-403 if its probative value is substantially outweighed by the danger of unfair prejudice. The rule remains in effect for all actions commenced on or after April 21, 2025.
How does SB 68 affect wrongful death cases? SB 68 did not create wrongful-death-specific provisions, but wrongful death cases are affected by the general reforms: anchoring restrictions on non-economic damages, bifurcation, and the phantom damages rule for medical expenses incurred before death. For more on wrongful death claims in Georgia, see our guide: [Who Can Sue for Wrongful Death in Georgia].
What Macon Injury Victims Should Do Right Now
The combined effect of these provisions is significant. The phantom damages rule may reduce your medical bills recovery. Seatbelt evidence gives the defense a fault argument that did not exist before. Anchoring restrictions limit how your attorney can argue pain and suffering. Bifurcation separates your injuries from the liability decision. Discovery stays can freeze your case while evidence deteriorates. And the negligent security changes raise the bar substantially for holding property owners accountable.
The new law leaves much less room for procedural mistakes or delays in building your case.
Document everything from the moment of injury. Photographs, witness contact information, dashcam footage, your own written account of what happened. Under the new discovery stay rules, the early phase of your case may be delayed. Evidence you preserve now is evidence the other side cannot destroy later.
Understand that your insurance status now directly affects your case value. If you have health insurance, the amounts your insurer negotiated and paid are now evidence the jury will see. Keep every explanation of benefits and billing statement. Do not throw anything away.
Do not give a recorded statement to any insurance company before speaking with a lawyer. The seatbelt evidence rule, the comparative fault rules, and the phantom damages rule all give insurance adjusters new ammunition. What you say in a recorded statement will be used to build those arguments against you.
Do not wait. Georgia’s statute of limitations for personal injury remains two years from the date of injury (O.C.G.A. 9-3-33). But under the new procedural rules, cases take longer to move through the system. The defense will use every day of delay against you. Starting early gives your attorney time to preserve evidence, file before critical deadlines, and build strategy under the new framework. For more on Georgia deadlines, see our guide: [How Long After an Accident Can I File a Claim].
Talk to an attorney who has handled cases under the new law. SB 68 has been in effect for less than a year. When evaluating any attorney, ask how the phantom damages rule changes case valuation. Ask whether they have experience with bifurcation requests. Ask how the new procedural rules affect their timeline for your case. The answers will help you make an informed decision.
Reynolds, Horne & Survant has represented injured people in Macon since 1970. If you were injured in Macon or anywhere in Middle Georgia and need to understand how these changes affect your specific situation, we offer free consultations with no obligation.
Reynolds, Horne & Survant 6320 Peake Road, Macon, GA 31210 Call (478) 405-0300
This article provides general legal information about Georgia Senate Bill 68 and Senate Bill 69. It is not legal advice tailored to any individual situation. Every case is different, and the outcome of any case depends on its specific facts and circumstances. No result is guaranteed. If you have questions about your specific situation, consult with a qualified attorney.
