What Impact Will SB 68 Have on Various Plaintiff Lawsuits
Our last blog post covered some of the general changes introduced by Senate Bill 68 (SB 68). In this blog post, we’ll discuss how SB 68 affects various types of personal injury lawsuits.
For context, SB 68 has made major revisions to Georgia’s rules regarding personal injury claims. The legislature believes that tort reform can help reduce insurance costs and the cost of litigation. In this article, we’ll discuss various changes to the rules that impact different types of personal injury lawsuits.
How does SB68 impact personal injury plaintiffs?
Under the new rules, plaintiffs must now provide clearer evidence that the defendant’s conduct directly caused their injuries. This will put the onus on plaintiffs to provide juries with expert testimony to demonstrate negligence, medical records that link the injury to the defendant’s conduct, surveillance footage or witness statements to support claims of liability. Due in large part to the stricter negligence threshold, gathering evidence early in the legal process has become even more important.
What impact will SB 68 have on car accident claims?
If you’ve recently been involved in an auto accident, SB 68 strengthens the role of comparative negligence. This means that insurance companies are likely to more aggressively dispute claims by arguing shared fault. Plaintiffs who are partially to blame for an accident must be prepared to defend their position with strong evidence or run the risk of losing their claim entirely. The risk of reduced compensation is considerably higher, which makes legal representation even more valuable. Those involved in car accidents should ensure that they document the scene, obtain police reports, and seek medical attention immediately to protect their claim.
What impact will SB 68 have on medical malpractice and product liability claims?
SB68 also impacts medical malpractice and defective product claims. Changes include:
- Shortened filing deadlines for specific claims.
- Higher standards of proof for medical malpractice cases which make expert testimony a veritable necessity.
- Manufacturers will have stronger defenses particularly for product liability lawsuits.
These changes will make it more challenging to win lawsuits without well documented evidence and skilled legal advocacy.
How to win your personal injury lawsuit under SB 68
SB 68 requires plaintiffs to do more legwork when it comes to proving liability. It also places damage caps on noneconomic damages in certain cases. In addition, SB 68 reduces the threshold for liability for injury claims, making it more difficult for plaintiffs to establish fault.
As a personal injury plaintiff, you’ll want to seek medical attention immediately after your injury. Prompt documentation of your injuries makes for a stronger case. You will also want to gather evidence at the scene of your injury. Finally, it is absolutely imperative that you hire a skilled personal injury lawyer to handle your claim.
Talk to an Atlanta GA personal injury attorney today
The Forsythe Law Firm, LLC represents the interests of plaintiffs in personal injury lawsuits filed against negligent defendants. The new rules are making it tougher to file such claims, increasing the necessity of having strong representation during your lawsuit. Call our Atlanta employment lawyers today to schedule an appointment, and we can begin investigating your claim immediately.
Source:
thegeorgiasun.com/law/understanding-senate-bill-68-implications-for-personal-injury-claims-in-georgia/
