Understanding Georgia's 2025 Tort Reform: Key Changes Impacting Injury Victims

In 2025, Georgia introduced major changes to its tort laws with the passage of Senate Bill 68 (SB 68). This legislation reshapes how personal injury cases are handled across the state, affecting everything from trial procedures to the presentation of damages. For injury victims and their advocates, understanding these changes is crucial to navigating the legal process and securing fair compensation.

This post breaks down the most important aspects of Georgia’s new tort reform, focusing on how the reforms affect injury victims, what the new trial process looks like, and what to expect moving forward.

Courtroom setup showing jury seats and judge's bench

What Georgia’s 2025 Tort Reform Means for Injury Victims

The new law aims to reduce what supporters call excessive jury verdicts and to lower insurance costs. However, many attorneys representing injured parties argue that the reforms create new hurdles for victims seeking compensation. The changes impact nearly every stage of a personal injury lawsuit, including:

• What evidence juries can consider

• How trials are conducted

• The way damages are presented and calculated

  
  

One of the most significant reforms is the introduction of bifurcated trials in personal injury cases. This change alters the traditional way juries hear and decide cases involving bodily injury or wrongful death.

The Shift to Bifurcated Trials

Before SB 68, personal injury trials in Georgia typically combined all issues into a single proceeding. The jury would hear evidence about both liability (who caused the accident) and damages (the extent of injuries and losses) at the same time. This approach allowed jurors to see the full picture of the case, including the accident’s circumstances and the victim’s suffering.

Under the new law, either party can request that the trial be split into separate phases, a process called bifurcation. In most cases, the court must grant this request.

How Bifurcated Trials Work

The trial now generally unfolds in two or three distinct phases:

Phase One: Liability

The jury hears only evidence related to fault and responsibility. This means jurors focus solely on determining:

• Who caused the accident

• The percentage of fault assigned to each party

  
  

Importantly, during this phase, the jury does not hear about:

• The severity of injuries

• Medical expenses

• Pain and suffering

• Emotional distress

• Lost wages

• Permanent disability

  
  

This separation means jurors decide fault without being influenced by the victim’s injuries or losses.

Phase Two: Damages

If the jury finds the defendant at least partially at fault, the trial moves to the damages phase. Here, the jury hears detailed evidence about the victim’s injuries and losses, including:

• Medical treatment and costs

• Impact on quality of life

• Lost income and future earning capacity

• Emotional and psychological effects

  
  

This phase allows jurors to assign a dollar value to the harm caused by the accident.

Phase Three: Apportionment (in some cases)

In certain cases, a third phase may address how damages are divided among multiple defendants based on their share of fault.

Why Bifurcation Matters for Injury Victims

Separating liability and damages can have a significant impact on the outcome of personal injury cases:

• Focus on fault first: Jurors decide who is responsible without being swayed by sympathy for the victim’s injuries.

• Potential for reduced awards: Some experts believe bifurcation may lead to lower damage awards because jurors do not connect the injury severity directly to fault during the first phase.

• More complex trials: Splitting the trial into phases can increase the length and cost of litigation.

  
  

For injury victims, this means their attorneys must carefully prepare to present compelling evidence in both phases and anticipate how jurors might respond to the separated information.

Other Key Changes in Georgia’s Tort Reform

SB 68 includes several additional provisions that affect personal injury lawsuits:

Limits on Expert Testimony

The law tightens rules on expert witnesses, requiring stricter qualifications and limiting the scope of their testimony. This change aims to reduce conflicting expert opinions but may also restrict the evidence injury victims can present.

Caps on Certain Damages

While the law does not impose a blanket cap on all damages, it introduces limits on specific types of non-economic damages, such as pain and suffering, in some cases. This could reduce the total compensation available to victims.

Changes to Comparative Fault Rules

Georgia uses a comparative fault system, where damages are reduced based on the victim’s percentage of fault. SB 68 clarifies and modifies how fault is assigned and how damages are adjusted, potentially affecting the final award.

What Injury Victims Should Do Now

If you or a loved one has been injured in Georgia, understanding these reforms is essential. Here are some practical steps to take:

• Consult an experienced personal injury attorney who is familiar with the new laws and trial procedures.

• Gather thorough documentation of your injuries, medical treatment, and financial losses to prepare for the damages phase.

• Prepare for a potentially longer trial with separate phases that require focused evidence presentation.

• Understand the importance of fault evidence, as the liability phase will determine if you can recover damages at all.

  
  

Final Thoughts on Georgia’s Tort Reform

Georgia’s 2025 tort reform represents a major shift in how personal injury cases are handled. The introduction of bifurcated trials and other changes create new challenges for injury victims seeking fair compensation. While the law aims to reduce excessive verdicts and insurance costs, it also demands careful legal strategy and preparation.

If you face a personal injury claim in Georgia, staying informed about these changes and working with knowledgeable legal counsel will be critical to protecting your rights and maximizing your recovery.