Georgia’s SB 68 Tort Reform Law: What Atlanta Injury Victims Need to Know
Georgia’s SB 68 tort reform law took effect April 21, 2025, and it changed two things that matter most to your injury claim: insurance companies can now use your seatbelt use against you, and juries hear about the actual amount your medical bills were paid, not just what was billed. Both changes can lower a settlement if your case is not built correctly from day one. If your accident happened on or after April 21, 2025, these rules may apply to your claim, and an experienced Atlanta injury attorney can help you prepare for them.
Why This Law Change Matters to Your Claim
If you were hurt in a car accident, truck accident, or any other injury case in Atlanta after April 21, 2025, the rules changed. Georgia lawmakers passed Senate Bill 68 in 2025, and it rewrote parts of how personal injury cases work in this state.
Insurance companies supported the legislation as part of broader tort reform efforts. For injury victims in Fulton, DeKalb, and Cobb Counties, understanding how the changes affect evidence and damages can be important when preparing a claim.
Kristen Pitts and the KP Law Group team have been tracking these changes closely since the bill passed. Here is what you need to know if you are hurt in Atlanta today.
The Seatbelt Defense Is Back in Georgia
For decades, Georgia had a rule limiting the use of seatbelt evidence in personal injury cases. SB 68 changed that rule.
Under SB 68, insurance company lawyers can now bring up seatbelt use in court. They can argue that if you had been wearing a seatbelt, your injuries would have been less severe. This can affect cases governed by the new law.
This does not mean your claim is automatically unsuccessful if you were not buckled up. Georgia courts may still limit or exclude evidence when appropriate under the applicable rules of evidence. However, seatbelt evidence is now an issue that may need to be addressed when preparing an injury claim.
What This Means for Atlanta Drivers
If you were involved in a car accident anywhere in metro Atlanta, from the Connector downtown to I-285 in Cobb County, the insurance adjuster may ask about your seatbelt use. The available evidence and how the issue is handled can affect the way your injury claim is presented.
Medical Bills: The “Phantom Damages” Change
The second major change involves medical bills, and it can affect many personal injury cases in Georgia.
Previously, the amount billed for medical treatment could play a significant role in proving medical damages even when a health insurer or other source had negotiated the actual amount paid down to a lower figure.
SB 68 changed the rules concerning evidence of medical expenses. Depending on the circumstances of the case, the parties may present evidence concerning amounts actually paid for medical treatment in addition to amounts billed. The jury can then consider the evidence when determining damages.
Insurance companies often refer to the difference between billed and paid amounts as “phantom damages.” The change means medical billing and payment records can become an important part of how an injury claim is documented and presented.
Why This Matters More Than You Think
The difference between the amount billed and the amount actually paid can be substantial. For example, medical treatment may be billed at a much higher amount than the amount ultimately paid by an insurer or another source.
Under the new rules, evidence concerning both figures may become relevant. This makes accurate medical documentation, billing records, payment information, liens, and other treatment-related evidence especially important when establishing the value of an injury claim.
If you are dealing with medical liens or questions about who is responsible for medical expenses after an accident, you can learn more about medical liens in Georgia personal injury cases.
Other Changes Under SB 68 You Should Know About
- Premises liability and negligent security: SB 68 made changes affecting certain premises liability and negligent security cases involving criminal acts on another person’s property. The law addresses foreseeability factors and allocation of fault involving property owners and the person who committed the criminal act.
- Trial structure: Under certain circumstances, either side may request that a trial be divided into separate liability and damages phases. This can affect the order in which the jury hears evidence.
- Closing arguments about pain and suffering: The law changed how attorneys may present specific monetary amounts for noneconomic damages such as pain and suffering during a trial. The timing and relationship of any proposed amount to the evidence presented are subject to the new rules.
- Voluntary dismissal and refiling: SB 68 also changed the time available to voluntarily dismiss and refile certain cases, generally limiting the applicable window to 60 days after the defendant files an answer.
Does SB 68 Apply to Your Case?
The timing of your accident or lawsuit can be important when determining whether particular provisions of SB 68 apply. Some provisions are tied to when an injury occurred, while others involve when a lawsuit was filed.
If your injury occurred before April 21, 2025, older rules may apply depending on the specific issue involved. If it occurred on or after that date, provisions of SB 68 may apply to your claim.
Because different provisions can have different effective-date rules, the exact facts and procedural history of your case matter. An attorney can review those details and explain which rules apply.
What You Should Do Now
- Get your medical treatment documented completely and consistently. Gaps in treatment can give an insurance company an opportunity to question the extent or cause of your injuries.
- Be careful when discussing the accident, your injuries, and seatbelt use with an insurance adjuster. Consider getting legal advice before providing statements or signing documents.
- Keep your medical records, bills, payment information, insurance records, and other documentation organized. These records can become important evidence in establishing your damages.
- Talk to an attorney who understands the changes made by SB 68 and how they may affect your specific claim.
You can also review how much a Georgia personal injury case may be worth and the factors that can affect the value of an injury claim.
How KP Law Group Approaches Cases Under the New Law
Fierce and fearless representation means more than a tagline when the rules change for injury claims. Kristen Pitts and the KP Law Group team build cases with the applicable legal requirements in mind, from gathering medical evidence to preparing a claim for negotiation or trial.
The goal is to make sure the evidence supporting your injuries, medical expenses, and other damages is properly documented and presented under the rules that apply to your case.
FAQ
1. When did Georgia’s SB 68 tort reform law take effect?
SB 68 was signed into law and took effect on April 21, 2025. Different provisions have different applicability rules, so whether a particular provision applies can depend on when the accident occurred, when a lawsuit was filed, and the specific circumstances of the case.
2. Can the insurance company really use my seatbelt against me now?
SB 68 changed Georgia’s prior restrictions on seatbelt evidence. As a result, seatbelt use can now become relevant in certain personal injury cases. The admissibility of particular evidence remains subject to the applicable rules and decisions of the court.
3. What are “phantom damages” and why do they matter to my settlement?
“Phantom damages” generally refers to the difference between the amount a medical provider bills and the amount actually paid for medical treatment. SB 68 changed the evidence that may be presented concerning medical expenses, meaning both billed and paid amounts can become relevant in applicable cases.
4. Does SB 68 mean I should not bother filing a claim?
No. SB 68 changed certain rules governing personal injury claims, but it did not eliminate an injured person’s ability to pursue compensation when another party is legally responsible. The specific facts of your accident and the rules applicable to your case should be reviewed before deciding how to proceed.
5. How do I know if SB 68 applies to my specific accident?
It depends on the specific provision at issue, including the date of your accident and, in some circumstances, when your lawsuit was filed. An attorney can review the timing and facts of your case and explain which provisions may apply.
Call to Action
Georgia’s injury laws changed in 2025, and understanding how SB 68 affects your case can help you make informed decisions about your claim. Contact KP Law Group for a free, Fierce and Fearless case review and discuss how the law may apply to your situation.