Understanding Georgia’s New Tort Reform Bill And What It Means For Auto Accident Cases
As Atlanta auto accident attorneys, we know how changes in Georgia’s civil justice laws can significantly affect the way injury claims are handled. Governor Brian Kemp recently signed a sweeping tort reform bill, the most comprehensive in nearly two decades, and it will impact not just businesses and insurance companies, but also injured plaintiffs. This bill addresses issues such as premises liability, calculation of medical damages, trial procedures, seatbelt evidence, attorney’s fees, and litigation funding transparency.
Our goal here is to break down what this means for you if you are involved in a personal injury or auto accident claim in Georgia. While the bill contains provisions affecting various types of lawsuits, several key changes directly relate to motor vehicle accident cases and personal injury law.
Premises Liability And Control Of Property
The bill reevaluates negligent security liability under O.C.G.A. § 51-3-1, which requires property owners to “exercise ordinary care in keeping the premises and approaches safe.” Now, owners will only be liable for what they directly control, which could limit claims against certain businesses if an incident happens on their property but outside their direct control.
Truth In Damages For Medical Costs
Under Georgia law, juries can now see both the amount billed and amount paid for medical treatment, giving them more transparency when determining damages. While O.C.G.A. § 24-4-403 previously allowed exclusion of certain evidence deemed prejudicial, this reform specifically allows this billing evidence to help juries determine the “reasonable value” of care.
Seatbelt Evidence Is Now Admissible
For decades, O.C.G.A. § 40-8-76.1(d) prohibited seatbelt use (or non-use) from being admitted in court. The new bill removes this restriction, meaning defendants can argue that a plaintiff’s injuries were worsened by not wearing a seatbelt, potentially reducing damage awards.
Changes To Trial Procedures
The law now allows bifurcated trials (liability decided before damages are heard) and prevents “anchoring” pain and suffering awards to arbitrary comparisons. It also limits voluntary dismissals during trial to prevent strategic re-filing in more favorable jurisdictions.
Litigation Funding Transparency
The reform also targets third-party litigation funding by prohibiting certain foreign investments and requiring disclosure of funding arrangements to all parties. This is intended to prevent undue influence over litigation strategy and protect plaintiffs from predatory arrangements.
Why This Matters For Auto Accident Victims
These changes may affect how damages are calculated, how fault is argued, and how trials proceed. If you are injured in a Georgia auto accident, understanding how these reforms interact with O.C.G.A. § 51-1-6 (right to recover for breach of legal duty) and O.C.G.A. § 9-3-33 (two-year statute of limitations for personal injury) will be crucial to protecting your claim.
Frequently Asked Questions About Georgia’s New Tort Reform
How Does The New Law Affect My Auto Accident Case?
The biggest impact will be in the way damages are presented to a jury. Your medical bills will now be shown in two forms — the original amount billed and the amount actually paid. This could influence how much the jury decides to award for medical costs.
Can The Defense Use My Not Wearing A Seatbelt Against Me Now?
Yes. The bill changes the rule under O.C.G.A. § 40-8-76.1 so that evidence of not wearing a seatbelt can be presented in court. This may reduce your damages if the defense can prove your injuries were made worse by failing to buckle up.
What Is “Anchoring” And Why Is It Banned?
Anchoring is when attorneys suggest extremely high or unrelated dollar amounts to influence a jury’s pain and suffering award. The new law requires damage requests to be based on actual evidence, not arbitrary comparisons.
Will This Law Make It Harder To Sue Businesses After A Crash In Their Parking Lot?
Yes, in some cases. If the crash occurs in an area the business doesn’t directly control, the new premises liability standard may limit claims against them.
What Is A Bifurcated Trial, And How Could It Affect Me?
In a bifurcated trial, the jury first decides whether the defendant is liable before hearing evidence on damages. This can change trial strategy and may benefit defendants in certain cases.
How Does This Impact Small Businesses In Georgia?
The reform aims to reduce what lawmakers call “frivolous lawsuits” that raise insurance costs for small businesses. However, injury victims still retain the right to pursue legitimate claims.
Does This Law Limit The Amount Of Money I Can Recover?
No. There are no caps on damages in this bill. The changes focus on how damages are presented and proven in court.
Will My Case Be Affected If It’s Already Filed?
It depends on timing. Procedural changes often apply to cases filed after the law’s effective date, but some provisions could impact ongoing cases.
Why Is Litigation Funding Now Regulated?
To prevent outside entities from influencing case strategy or taking most of a plaintiff’s recovery. The law requires transparency in funding agreements and bans certain foreign investments.
What Should I Do If I Have A Pending Case?
You should speak with an attorney immediately. Some of these changes can affect how your case is tried, how damages are calculated, and what evidence can be introduced.
Call Shani O. Brooks P.C. Today For A Free Consultation
At Shani O. Brooks P.C., we understand how Georgia’s new tort reform law can affect personal injury and auto accident cases. If you’ve been injured in a crash, your case may now involve new evidentiary rules and trial procedures that require strategic adjustments to protect your rights.
Contact our Atlanta car accident lawyer at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We represent clients from our Atlanta office and throughout the entire state of Georgia, working to protect injury victims and important personal and business assets from unfair legal tactics.
