In 2025, Georgia passed a major new law called Senate Bill 68. This legislation brings big changes to how personal injury cases are handled across the state. While it may not have made headlines for many, Senate Bill 68 in Georgia will have a serious impact on injury victims, insurance claims, and access to fair trials.
Watch The Podcast Episode Below To Hear Attorney Michael Coker Explain Senate Bill 68 (SB 68):
Attorney Michael Coker Explains What Senate Bill 68 (SB 68) Changes, Why Those Changes Matter, And What Injury Victims In Georgia Need To Know.
If you’ve ever been injured in an accident, or know someone who has, it’s important to understand what this law does. Senate Bill 68 in Georgia may change how much compensation you receive, how long your case takes, and whether you can even file a case at all.
Subscribe to our YouTube channel: Coker Accident Lawyers
Stay informed on important changes to Georgia law and how they affect your rights. Listen to our official podcast: Georgia Legal Talks Podcast
How Senate Bill 68 (SB 68) Changes Personal Injury Claims in Georgia
Impact on People with Health Insurance:
One of the biggest changes in Senate Bill 68 (SB 68) affects people who have health insurance. Under the old law, insured and uninsured people could both present the full amount of their medical bills when making a claim. That meant you could show the total amount charged by the hospital, even if your insurance only paid part of it. For example, if you had a $100,000 hospital bill but your insurance only paid $20,000, you could still show the full $100,000 in your claim, and the defense lawyer could not present the lower amount of what the insurance actually paid.
Now, under Senate Bill 68 (SB 68), you can present the full amount of the bill, but the defense lawyer can also present the amount that was actually paid by your insurance. That defense lawyer can now argue that you should only be able to recover $20,000—not the full bill. This creates a strange and unfair result: someone without insurance may actually be able to claim more in damages than someone who has been paying premiums and doing the right thing. To make things worse, many people with insurance have to pay that amount back to their insurance company after the case settles. That means injury victims with insurance could walk away with very little compensation, even after serious injuries and large bills. This is why it is important to have a lawyer who knows how to navigate this new, more complicated world of medical bills for the best settlements.
Negligent Security Cases Are Now Limited:
Another major change under Senate Bill 68 (SB 68) involves a type of case known as negligent security. These are cases where someone gets hurt because a property owner failed to provide proper security. Before SB 68, if someone was shot or assaulted at a mall, apartment complex, or hotel that had a history of crime but failed to take action, they could file a lawsuit. These cases helped people recover damages when businesses failed to keep their property safe.
SB 68 makes these cases extremely difficult—almost impossible in many situations. There are very limited exceptions, but most negligent security claims are no longer allowed. This is especially troubling for victims of serious crimes, including sex trafficking. In the past, a hotel that ignored signs of trafficking or failed to report it could be held responsible. That’s no longer the case. Businesses may now decide not to invest in safety or security if they know they can’t be sued later. This change removes a major incentive for businesses to protect the people who use their property, and it could make Georgians less safe overall.
Injury Trials Will Take Longer and Be Harder:
The third major area that Senate Bill 68 (SB 68) changes is how personal injury trials work. Under the old rules, trials happened all at once. A jury would hear the facts, decide who was at fault, and determine how much money the injured person should receive. Senate Bill 68 (SB 68) now requires something called a bifurcated trial. This means the trial is split into two parts. First, the jury decides who is at fault. Then, in a second part, the jury considers how much money to award.
This may sound small, but it makes a big difference. Trials will take longer, cost more, and place more stress on victims, jurors, and the court system. It may also give insurance companies more time and more chances to delay or deny fair outcomes. Another change limits what lawyers can say during jury selection. In the past, attorneys could ask jurors whether they were comfortable awarding large sums if the evidence supported it. Now, they can only talk about case value during closing arguments, which is at the very end of the trial. This limits a lawyer’s ability to prepare a fair jury and may make it harder for injury victims to receive full compensation.
Why Senate Bill 68 (SB 68) Matters and What You Can Do
Supporters of Senate Bill 68 (SB 68) say it will stop unnecessary lawsuits and lower insurance premiums. But many lawyers, including our firm, believe the law is an overreaction. It doesn’t just affect people who file false claims—it also affects real people with serious injuries, high medical bills, and very few options. Victims of violent crime, those with health insurance, and survivors of sex trafficking could all have a harder time getting justice under this new law.
If you’ve been injured, the most important thing you can do is speak with a lawyer early. Waiting too long could hurt your case, especially with new rules in place. Keep records of all medical care, insurance payments, and communications. Don’t assume that what used to be allowed will still be possible—Senate Bill 68 (SB 68) has changed the process in big ways.
