Governor Kemp signed SB 68 and SB 69 on April 21, 2025. The new laws let juries hear what insurance actually paid for medical care, allow seatbelt evidence, limit when lawyers can suggest a dollar figure for pain and suffering, let any party split the trial into phases, and rewrite negligent security law. Neither bill caps damages. Some changes apply only to injuries on or after April 21, 2025.
If you were hurt in Georgia, the rules that govern your claim may depend on when it happened. On April 21, 2025, Georgia enacted the biggest changes to its civil justice system in years: Senate Bill 68, a broad tort reform bill, and Senate Bill 69, which regulates companies that fund lawsuits. Insurers and business groups pushed for them. Injury lawyers opposed many of them. Either way, they are now the law.
This page summarizes each change and links to a detailed guide where we have one. We quote the statutes from the bills as passed and signed, and we flag the questions courts have not answered yet. Most claims never reach a jury, but these rules still matter, because insurers price settlement offers on what they think would happen at trial.
When the new rules apply
Timing is the first question for any claim, because the bills don't treat every case the same way.
- The negligent security article and the new medical expenses rule apply only to causes of action arising on or after April 21, 2025. For most injuries, that means the date you were hurt. Earlier injuries stay under prior law.
- SB 68 says the legislature intends its other changes to apply to cases already pending on April 21, 2025, "unless such application would be unconstitutional." Expect that phrase to be litigated.
- SB 69's seatbelt section says it applies only to cases commenced on or after April 21, 2025. SB 68 contains the same seatbelt amendment with the pending-cases language. The bills conflict, and our seatbelt evidence guide explains what that means.
- SB 69's registration and conduct rules for litigation funders took effect January 1, 2026.
1. Medical bills: juries can now see what insurance paid
Under new O.C.G.A. § 51-12-1.1, medical damages are "limited to the reasonable value of medically necessary care," and the jury decides that value. If you have any health insurance, the jury may hear both what the provider charged and what your insurance would actually pay, even if you never used the insurance. If you treated under a letter of protection, the defense can obtain the letter, the itemized bills, and whether a lawyer or someone else referred you.
The law does not limit you to the amount insurance paid. It puts both numbers in front of the jury. Our guide on how medical bills are proven in Georgia covers what this means for your records and treatment choices.
2. Seatbelt evidence is now admissible
For decades Georgia barred juries from hearing that an injured person wasn't wearing a seatbelt. O.C.G.A. § 40-8-76.1(d) now allows that evidence on negligence, comparative fault, causation, apportionment, "or for any other purpose," and it "may be evidence used to diminish any recovery." A judge can still exclude it under the ordinary rules of evidence. Not wearing a seatbelt still can't be used to cancel your insurance or raise your rates.
3. Limits on suggesting a dollar figure for pain and suffering
Lawyers used to be able to argue a value for pain and suffering throughout a trial. Under the rewritten O.C.G.A. § 9-10-184, no one may mention a specific amount or range for noneconomic damages, including during jury selection, except in one place: after the close of evidence, at that side's first chance to argue damages. The number must be "rationally related to the evidence," and a plaintiff's lawyer can't argue a different number in the final closing than in the first.
Noneconomic damages still have no cap. The jury still decides, using what Georgia law calls "the enlightened conscience of an impartial jury."
4. Any party can split the trial into phases
New O.C.G.A. § 51-12-15 lets any party demand in writing, before the pretrial order, that fault be tried first. The jury decides who was at fault and by what percentage. Only if a defendant is found at fault does the same jury go on to damages, with an optional third phase for punitive damages and attorney's fees. A judge may refuse the split only on an opposing motion, and only where the amount in controversy is under $150,000 or where a sexual-offense victim would likely suffer serious distress from testifying more than once.
In practice, defendants are most likely to use this, because it keeps the jury focused on fault before it hears about injuries. Fault rules are covered in our guide to Georgia's 50% comparative negligence rule.
5. Negligent security has its own set of rules
Claims against property owners for crimes on their property (a parking lot shooting, an apartment assault) now fall under a stand-alone article, O.C.G.A. §§ 51-3-50 through 51-3-57, for injuries on or after April 21, 2025. The plaintiff must prove specific foreseeability and a known physical condition the criminal exploited, and the jury must apportion fault to the criminal. See our negligent security guide.
6. A shorter window to dismiss and refile
Plaintiffs used to be able to dismiss a case without prejudice any time before the first witness was sworn. Under amended O.C.G.A. § 9-11-41(a), a plaintiff can dismiss by simple notice only "before the sixtieth day following the date the opposing party serves an answer." After that it takes a stipulation signed by every party that has appeared, or a court order. And if you've already dismissed the same claim in any state or federal court, a second notice dismissal counts as a final ruling against you.
This makes the early months of a lawsuit more important. A case needs to be ready when it is filed, not fixed later.
7. Motions to dismiss now pause discovery
If a defendant files a motion to dismiss before answering, discovery is now stayed until the court rules (O.C.G.A. § 9-11-12(j)). The old 90-day limit on that stay is gone. Instead, the court "shall decide" the motion within 90 days after briefing ends, discovery deadlines are extended by the length of the stay, and a party can ask the court to lift the stay for good cause if no ruling comes. The stay ends for any defendant who files an answer.
8. Other changes: attorney's fees and litigation funding
- New O.C.G.A. § 9-15-16 bars recovering the same attorney's fees or litigation costs twice under different statutes, and says a contingency fee agreement is not admissible to prove that fees are reasonable.
- SB 69 requires litigation funders to register with the Georgia Department of Banking and Finance starting January 1, 2026, and bars them from controlling a case or settlement and from taking more than the plaintiffs' recovery after attorney's fees and costs. Funding contracts must give the consumer five business days to cancel.
- Since April 21, 2025, the existence and terms of a litigation funding agreement are discoverable in new cases (O.C.G.A. § 9-11-26(b)(2.1)). If you are thinking about a lawsuit loan, talk to your lawyer first.
What didn't change
- There is no cap on damages for pain and suffering, lost wages, or medical expenses in either bill.
- The two-year statute of limitations for injury claims (O.C.G.A. § 9-3-33) is the same. See our statute of limitations guide.
- Georgia's modified comparative negligence rule is the same: you recover only if you are less than 50% at fault.
- Your right to a jury trial is unchanged.
What this means for your claim
For injuries after April 21, 2025, the details matter more than they used to: how your medical care is billed, whether you were buckled in, and how a lawsuit is prepared before filing. Insurers know the new rules and adjust offers to them. As of this writing no Georgia appellate court has ruled on how far SB 68 reaches back to pending cases or on challenges to the medical expenses rule, so lawyers are still arguing those questions in trial courts.
If you were hurt and aren't sure which rules apply, the timeline of a Georgia injury claim is a good next read, or you can ask us for a free case review.
SB 68 and SB 69 at a glance
| Change | Law | Applies to |
|---|---|---|
| Medical expenses: billed and paid amounts both admissible | O.C.G.A. § 51-12-1.1 | Injuries on or after Apr 21, 2025 |
| Negligent security article | O.C.G.A. §§ 51-3-50 to -57 | Injuries on or after Apr 21, 2025 |
| Seatbelt non-use admissible | O.C.G.A. § 40-8-76.1(d) | Cases filed on or after Apr 21, 2025; pending cases disputed |
| Limits on arguing a pain-and-suffering figure | O.C.G.A. § 9-10-184 | Intended for pending cases too |
| Phased (bifurcated) trials on demand | O.C.G.A. § 51-12-15 | Intended for pending cases too |
| 60-day limit on notice dismissals | O.C.G.A. § 9-11-41(a) | Intended for pending cases too |
| Discovery stayed during motion to dismiss | O.C.G.A. § 9-11-12(j) | Intended for pending cases too |
| Litigation funder registration | O.C.G.A. §§ 7-10-1 to -11 | From Jan 1, 2026 |
Frequently Asked Questions
Did Georgia cap pain and suffering damages in 2025?
No. Neither SB 68 nor SB 69 caps damages. The changes affect what evidence the jury hears and how lawyers may argue a number for pain and suffering, but the jury still decides the amount.
Does SB 68 apply to my accident if it happened before April 21, 2025?
It depends on the provision. The medical expenses rule and the negligent security article apply only to injuries on or after April 21, 2025. The legislature intended the procedural changes to reach pending cases unless that would be unconstitutional, and courts have not finished sorting that out.
Can the jury now see what my health insurance paid?
For injuries on or after April 21, 2025, generally yes, if you have health insurance. The jury can hear both what was billed and what the insurance would pay, and it decides the reasonable value of your care. See our medical bills guide.
Is litigation funding illegal in Georgia now?
No. SB 69 regulates it. Since January 1, 2026, funders must register with the Department of Banking and Finance, may not control your case or settlement, and must give you five business days to cancel.
Sources
This guide is general information about Georgia law as of October 29, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.