Senate Bill 68 Introduces New Changes to Georgia’s Personal Injury Rules

Senate Bill 68 (SB 68) is introducing important changes to personal injury laws in Georgia. These changes will affect both plaintiffs and defendants in personal injury claims.  Both accident victims and business owners alike should understand these new rules as they could affect your rights and responsibilities.

SB 68 revises the statutes concerning liability, comparative negligence, and compensation limits. Injured parties should know how SB 68 influences their ability to seek damages and how the courts will now assess fault in personal injury cases. Consulting with an Atlanta, GA personal injury attorney can provide vital information on how these legal updates apply to your specific case.

Georgia’s modified comparative negligence rule 

Among the most significant changes introduced by SB 68 is a revision of Georgia’s comparative negligence rule. Under the old system, Georgia followed a modified comparative negligence system in which a plaintiff could recover damages so long as they were less than 50% responsible for their injuries. Under SB 68, this threshold has been adjusted to the following:

• If an injured party is found to be 50% or more at fault, they cannot recover any damages from their lawsuit
• If the injured party is less than 50% responsible, their compensation will be reduced by their percentage of fault

For example, if a jury awards $10,000 in damages to a plaintiff but decides the plaintiff was 30% at fault, their final compensation would be reduced to $7,000. Establishing liability is even more critical now in personal injury claims.

Damage caps under SB 68 

SB 68 also places restrictions on noneconomic damages. Noneconomic damages include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. The caps aim to prevent nuclear verdicts and excessive awards in personal injury lawsuits. Some lawmakers believe excessive awards contribute to increased insurance costs and litigation. However, there are some exceptions to this rule:

• The damage caps do not apply to cases involving intentional misconduct or gross negligence.
• Punitive damages are still available in cases of reckless or malicious conduct, but they are subject to statutory limits.

Changes to premises liability 

SB 68 also makes significant changes to the state’s premises liability rules. The bill establishes:

• Property owners are not automatically liable for injuries that occur on their premises unless the plaintiff can establish negligence.
• Foreseeability plays a greater role in establishing liability and requires plaintiffs to demonstrate that the owner knew or should have known about the hazardous condition on the property that led to injury.

Talk to an Atlanta GA personal injury attorney today 

The Forsythe Law Firm, LLC represents the interests of injured plaintiffs in personal injury lawsuits filed against negligent defendants. Under the new rules, personal injury claims are more difficult to make and require the expertise of a skilled personal injury lawyer. Call our Atlanta employment lawyers today to schedule an appointment, and we could begin discussing your allegations right away.