Senate Bill 68, also known as SB68 in Georgia, is a major change to personal injury law that affects how much compensation injury victims can receive, how trials are handled, and what legal options victims have after an accident. If you’ve been injured in Georgia, this new law could directly impact your case.
Here’s a breakdown of how SB68 works, what it changes, and why it matters to you or someone you know.
Listen to the Podcast: Attorney Michael Coker Explains Senate Bill 68 (SB68) in Georgia
Listen to this podcast episode to hear Attorney Michael Coker break down Senate Bill 68 (SB68) and what it means for injury victims across Georgia. This episode explains how the new law changes personal injury claims, what’s at risk, and why acting early can make all the difference.
If you’ve been injured—or know someone who has—understanding SB68 in Georgia is essential. This law may affect how much compensation you can receive, how long your case will take, and whether you can even bring your case to court.
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How the Law Limits What Injury Victims with Insurance Can Recover
One of the most significant changes under SB68 involves how medical bills are presented in court. Under the old system, both insured and uninsured individuals could only show the full amount charged by medical providers. For example, even if your insurance only paid $20,000 of a $100,000 bill, the jury would only hear about the full $100,000 bill without an insurance reduction.
Under the new law, the defense can present evidence to show what your insurance actually paid. In the same case, the insurance defense lawyers can now show the jury that insurance only paid $20,000of the $100,000 to argue that the lower amount is the reasonable value of the medical bill. This change can result in a strange and unfair outcome—people without insurance may recover more than those who’ve consistently paid for coverage.
To make matters worse, many insured individuals still have to pay back their insurance provider after their case is resolved. This often leaves victims with far less than expected, even after serious injuries and costly care.
Negligent Security Cases Are Now Limited
The new law also affects cases where someone is injured because a property owner failed to provide reasonable safety. Before this, if someone was attacked at a mall, hotel, or apartment complex that had a known history of crime, they could file a claim.
Now, those cases are much more difficult to pursue. Only a few narrow exceptions remain. This is especially troubling for victims of crimes like sexual assault or trafficking, who may no longer be able to hold property owners accountable.
The result may be that businesses avoid investing in safety because they know they’re less likely to face legal consequences.
Trials Will Take Longer and Be More Complicated
This legislation also changes the structure of personal injury trials. Previously, a jury would hear the facts, determine fault, and decide on compensation all at once.
Now, trials are split into two phases. First, the jury determines who is responsible. If they find someone liable, only then does the second part begin to decide the amount of damages. This system, known as bifurcation, adds more time, stress, and cost to an already challenging process.
Another change limits what lawyers can say during jury selection. Attorneys used to ask potential jurors if they were open to awarding significant damages. Now, that conversation can only happen during closing arguments—at the end of the case. This limits a lawyer’s ability to prepare a fair jury and may make it harder for injured clients to receive the compensation they need.
Why Senate Bill 68 Matters—and What You Can Do
Supporters of the bill say it was designed to stop false claims and reduce insurance premiums. But many legal professionals believe it goes too far. These rules don’t just stop weak cases—they can hurt real victims with severe injuries, high medical bills, and limited options.
People with insurance, crime victims, and those needing long-term care could all have a harder time getting justice under the new rules.
If you’ve been hurt, the best thing you can do is speak to an attorney early. Delaying could limit your ability to file a claim or recover fair compensation.
Final Thoughts
Understanding your rights has never been more important. Senate Bill 68 (SB68) makes the legal process more complicated for injury victims—but you’re not without options. With the right legal advice, you can still protect your claim and fight for what you deserve.
If you have questions or want to know how SB68 in Georgia may affect your case, contact our team for a free consultation. We’re here to make sure you’re not left behind in the face of changing laws.
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