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Georgia’s tort law is undergoing significant changes with the passage of Senate Bill 68 (SB 68). This bill aims to address growing concerns over frivolous lawsuits, rising insurance premiums, and excessive jury awards. By implementing provisions such as limiting non-economic damages and curbing third-party litigation funding, SB 68 seeks to create a more balanced legal environment for businesses, plaintiffs, and insurance providers.
In this blog, we’ll break down the key provisions of SB 68 and discuss how these changes impact businesses, plaintiffs, and the legal system in Georgia, while highlighting the importance of working with an experienced Georgia personal injury attorney to navigate these new legal challenges.
Overview of SB 68: A Game-Changer in Georgia Tort Law
SB 68 brings significant changes to Georgia’s tort law, with a focus on reducing frivolous lawsuits and stabilizing insurance premiums. This legislation affects how civil cases are handled in the state, impacting both plaintiffs and businesses.
What is SB 68?
SB 68 is a tort reform bill passed by Georgia legislators aimed at changing how certain types of claims are handled in the courts. The bill focuses on limiting non-economic damages, introducing stricter rules for third-party litigation funding, and addressing issues related to negligent security liability and inflated insurance costs.
Key Features of the Bill
One of the central provisions of SB 68 is the cap on non-economic damages, including pain and suffering claims. This limits the amount plaintiffs can recover for emotional distress, pain, and other non-monetary losses. Another significant feature of the bill is the restriction on third-party litigation funding, which aims to reduce the number of frivolous lawsuits fueled by outside financial interests.
Impact on Civil Cases
The bill’s provisions are expected to streamline the litigation process by limiting the scope of damages and addressing issues like seatbelt evidence in auto accident cases. SB 68 also introduces the concept of bifurcated trials, where the issues of liability and damages are decided separately, which could lead to faster and less costly trials. This change will directly impact how juries approach civil cases, particularly in the context of large jury awards and claims of inflated damages.
Effect on Insurance Costs
By reducing excessive jury awards and limiting non-economic damages, SB 68 is designed to stabilize insurance costs in Georgia. Insurance premiums for businesses, particularly small businesses and property owners, could see relief as the state works to reduce the impact of high payouts in personal injury and auto accident cases.
Long-Term Implications
In the long term, SB 68 could reshape Georgia’s tort law landscape. The bill is expected to encourage more legitimate claims while discouraging claims that are seen as exaggerated or frivolous. The legislation may also reduce the burden on courts and streamline the overall civil practice, benefiting both plaintiffs and defendants.
Key Provisions of SB 68
SB 68 introduces several key provisions designed to address issues such as frivolous lawsuits, rising insurance premiums, and excessive jury awards in Georgia. These changes aim to create a more balanced and fair legal environment for both plaintiffs and businesses.
Limiting Non-Economic Damages
SB 68 imposes a cap on non-economic damages, including pain and suffering, emotional distress, and other intangible losses. This provision directly limits the amount that plaintiffs can claim for these types of damages, ensuring that awards are more proportional to the actual harm suffered. By placing restrictions on these claims, the bill seeks to reduce the risk of inflated costs and excessive jury awards, which contribute to high insurance premiums for businesses and property owners.
Restricting Third-Party Litigation Funding
The bill restricts third-party litigation funding, which allows external investors to finance lawsuits in exchange for a share of any settlement or award. This provision is aimed at limiting the number of frivolous lawsuits fueled by outside financial interests. By curbing the influence of third-party funders, SB 68 seeks to prevent the abuse of the legal system, ensuring that only legitimate claims are pursued in Georgia courts.
Bifurcated Trials
SB 68 introduces the concept of bifurcated trials, where issues of liability and damages are decided in separate phases. This change allows for quicker resolution of cases, reducing the time and cost involved in civil actions. By separating these phases, the bill aims to streamline the litigation process and reduce the potential for excessive and unnecessary jury deliberations, making trials more efficient and fair for both plaintiffs and defendants.
Voluntary Dismissal of Claims
The bill also includes provisions for voluntary dismissal, allowing plaintiffs to drop their claims before a trial begins or after the case has started. This provision helps to prevent frivolous lawsuits from moving forward and ensures that only serious cases are brought to trial. The ability to voluntarily dismiss a case without penalty provides a safeguard against unjust litigation, benefiting defendants and reducing the burden on Georgia’s courts.
Insurance Premium Stabilization
One of the key goals of SB 68 is to stabilize insurance premiums for businesses, including small businesses and property owners. By limiting non-economic damages and curbing frivolous lawsuits, the bill is designed to reduce the financial burden that large jury awards and excessive litigation place on insurers. This, in turn, is expected to help lower insurance costs for businesses and improve the overall business climate in Georgia.
Impact on Specific Stakeholders
SB 68 has varying effects on different groups within Georgia’s legal and business landscape. These impacts range from businesses benefiting from lower insurance premiums to plaintiffs experiencing limitations on non-economic damages.
Impact on Businesses and Small Businesses
For businesses, especially small businesses and property owners, SB 68 provides relief from rising insurance premiums. By limiting excessive jury awards and non-economic damages, the bill aims to stabilize insurance costs. This reduction in potential liability helps businesses better predict their costs, ensuring more financial stability. Additionally, the restrictions on frivolous lawsuits and third-party litigation funding reduce the risk of facing costly legal battles over exaggerated or unfounded claims.
Impact on Plaintiffs and Attorneys
Plaintiffs and attorneys may face challenges under SB 68 due to the cap on non-economic damages. Victims of auto accidents, negligent security incidents, and other personal injury cases may find their compensation limited, particularly in cases of pain and suffering or emotional distress. Attorneys who represent plaintiffs will need to adjust their strategies, focusing more on economic damages and ensuring they have strong evidence to support their claims. However, the bill still allows for legitimate claims, meaning cases with substantial evidence will continue to be pursued.
Impact on Insurance Providers
Insurance providers stand to benefit from SB 68 due to its role in reducing inflated claims and stabilizing insurance premiums. By limiting excessive damages, particularly in high-cost cases like auto accidents and negligent security liability, insurers can better manage their risk. This could result in more predictable pricing for businesses and individuals, which may lower the overall cost of insurance across the state. However, insurance companies will need to monitor how the bill’s provisions are implemented in the courts.
Impact on Defendants
For defendants, SB 68 reduces the potential for inflated damages, ensuring that they are not unfairly burdened with excessive liability. The introduction of bifurcated trials also benefits defendants by separating the determination of liability from the awarding of damages, leading to more efficient trials and potentially smaller awards. The ability to seek voluntary dismissal of claims helps reduce the chances of defending against frivolous lawsuits, further protecting defendants from unnecessary litigation.
Impact on the Legal System
The broader legal system will likely experience a decrease in the number of frivolous lawsuits and longer, more expensive trials. By encouraging more legitimate claims and streamlining the trial process through bifurcated trials, SB 68 could help ease the burden on Georgia’s courts. Judges and juries will be tasked with making quicker, more focused decisions, which could lead to faster resolutions in civil cases.
Get the Legal Support You Need with Ross Moore Law!
If you’re facing a personal injury claim or dealing with the impact of SB 68, don’t navigate these changes alone. Our team at Ross Moore Law is ready to provide the guidance and representation you need to protect your rights and secure a fair outcome.
Contact us at 404-445-8122 for a free case consultation today!
