Georgia lawmakers are currently considering Senate Bill 68, a sweeping tort reform proposal that would fundamentally alter our state’s civil justice system. Governor Brian Kemp and supporters of the bill claim that it will “level the playing field,” increase transparency, and stabilize insurance costs for consumers. However, the reality is far different. This bill does not lower insurance premiums, nor does it promote fairness—it simply pads the record-breaking profits of insurance companies at the expense of injured Georgians and their right to justice.
Why Georgians Should Oppose This Harmful Tort Reform Bill
SB 68 does not include language that would require insurance companies to lower their premiums and no insurance company has said premiums will go down for Georgians if this legislation has passed. That alone should raise serious concerns for Georgia citizens. If the supposed benefit of this bill—lower insurance rates—is not even being promised by insurers, then why are lawmakers pushing it so aggressively? The answer is clear: SB 68 is designed to benefit insurance companies and corporate interests, not every day Georgians.
A Direct Attack on Georgia’s Civil Justice System
SB 68 introduces numerous changes that will make it harder for injured victims to seek justice. Below are some of the most troubling aspects of the bill:
1. Stripping Away the Right to Present a Case Fully (“Anchoring” Ban)
- One of the most alarming provisions of SB 68 is its restriction on what attorneys can say in court regarding damages. Under this proposal, attorneys would be barred from suggesting a specific dollar amount to a jury for non-economic damages, such as pain and suffering.
- This is unprecedented. No other state has a law like this. Our legal system is based on the idea that both sides present arguments and evidence, and the jury makes a decision. SB 68 would take away this fundamental right, leading to unpredictable and inconsistent jury verdicts.
2. Deliberate Delays in the Legal Process (“Unlimited Stay of Discovery”)
- The bill allows defendants to put cases on hold simply by filing motions, regardless of whether they have merit. This tactic would clog Georgia’s courts, create massive delays, and allow insurance companies to avoid paying claims for as long as possible.
- The goal of this provision is clear: slow down cases and frustrate victims into accepting lower settlements or giving up their claims altogether.
3. Making It Harder for Victims to Dismiss and Refile Cases (“Dismissal Timing”)
- Under current law, plaintiffs can dismiss and refile their case one time if necessary, such as when a key witness is unavailable. SB 68 would make this process significantly more difficult.
- This change is particularly unfair given that plaintiffs bear the burden of proof in civil cases. Restricting their ability to manage their case effectively only benefits defendants and insurers.
4. Shifting the Blame to Victims (“Seatbelt Evidence” Provision)
- SB 68 allows the introduction of seatbelt non-use in car accident cases, shifting the focus away from the at-fault driver.
- This provision is especially harmful to children, who have no control over whether they are properly restrained.
- Additionally, allowing seatbelt evidence does nothing to reduce insurance rates—it simply provides insurers with another excuse to deny or limit payouts.
5. Protecting Negligent Property Owners (“Negligent Security” Restrictions)
- This bill would make it harder for victims of violent crime to hold property owners accountable for unsafe conditions. Slumlords and negligent landlords—many of whom are out-of-state investors—would face fewer consequences for failing to protect tenants from known dangers.
- Even more troubling, this provision could undermine Georgia’s anti-sex trafficking laws, making it nearly impossible for victims to hold businesses accountable for enabling such crimes.
6. Rewarding Wrongdoers with Insurance Benefits (“Collateral Source” Rule Elimination)
- Georgia has long followed the “collateral source” rule, which prevents defendants from reducing the compensation they owe by pointing to a victim’s insurance coverage.
- SB 68 would allow wrongdoers to benefit from the victim’s health insurance, Medicare, or VA benefits, reducing what they have to pay.
- This provision creates two classes of victims: those with insurance who receive less compensation, and those without insurance who recover more. The hardest hit would be responsible Georgians who invest in health coverage, including military families and retirees.
Who Benefits from SB 68? Not Every Day Georgians.
The only real winners under SB 68 are insurance companies and corporate interests that want to avoid accountability. The bill does nothing to lower premiums, make the courts fairer, or protect consumers. Instead, it:
- Limits the ability of juries to fairly assess damages,
- Allows insurance companies to drag cases out indefinitely,
- Makes it harder for victims to manage their own lawsuits,
- Shifts blame onto victims instead of holding negligent parties accountable,
- Protects corporate landlords and businesses from responsibility for violent crimes,
- And unfairly punishes Georgians who responsibly pay for health insurance.
The Time to Act Is Now
SB 68 is now before the full Georgia Senate. It is critical that Georgians contact their senators and tell them to oppose this bill. We must protect the rights of personal injury victims, preserve the integrity of our courts, and ensure that wrongdoers are held accountable.
If this bill passes, it will be ordinary citizens—not insurance companies—who suffer the consequences. Let’s stand together to protect access to justice and demand that lawmakers reject this harmful legislation.
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