What Georgia's 2025 Tort Reform (SB 68) Changed for Injury Claims. Senate Bill 68 (AS PASSED) amends Titles 9, 40 and 51 of the O.C.G.A. to revise civil practice, evidentiary matters, damages and liability in tort actions, including limitations on noneconomic-damages argument, timing of answers and discovery, dismissals, attorney's fees, seat-belt evidence, trial procedures, a negligent-security cause of action, and special damages for medical expenses. Call (470) 852-6328. Cooper Law publishes no case results.
Reviewed by Omar A. Cooper, Esq. · Last updated September 3, 2026
What actually passed in April 2025
SB 68 vs SB 69
Senate Bill 68 (AS PASSED) amends Titles 9, 40 and 51 of the O.C.G.A. to revise civil practice, evidentiary matters, damages and liability in tort actions, including limitations on noneconomic-damages argument, timing of answers and discovery, dismissals, attorney's fees, seat-belt evidence, trial procedures, a negligent-security cause of action, and special damages for medical expenses.
SB 68 § 1 revises O.C.G.A. § 9-10-184: in bodily-injury or wrongful-death trials, counsel may argue the monetary value of noneconomic damages only after the close of evidence, and the argument must be rationally related to the evidence; no reference to objects or values with no rational connection to the facts proved.
SB 68 and SB 69 (Act 10, signed April 21, 2025) amended seat-belt law so non-use may be considered as evidence on negligence, comparative negligence, causation, assumption of risk or apportionment of fault and may diminish damages, subject to Rule 403. Per SB 69 § 5(c) the seat-belt change applies only to causes of action commenced on or after April 21, 2025.
For causes of action arising on or after April 21, 2025, special damages for medical care are limited to the reasonable value of medically necessary care; amounts actually necessary to satisfy charges under health insurance or workers' comp are relevant; letters of protection are discoverable and admissible (SB 68 § 7; O.C.G.A. § 51-12-1.1).
SB 68 § 8 (new O.C.G.A. § 51-12-15): any party may elect a bifurcated trial (fault first, then compensatory damages with the same judge and jury). The court may reject the election only on motion where the plaintiff was injured by an alleged sexual offense and would suffer serious distress testifying twice, or where the amount in controversy is less than $150,000.
Signed April 21, 2025
SB 68 § 3 amends O.C.G.A. § 9-11-41 so a plaintiff may unilaterally dismiss without prejudice only within 60 days after the answer is filed. SB 68 § 2 amends § 9-11-12 so a pending motion to dismiss stays discovery.
Both apply to pending and future cases per SB 68 § 9.
SB 68 § 6 created a new negligent-security article, O.C.G.A. §§ 51-3-50 through 51-3-57, for injuries caused by third-party criminal acts on property. It applies only to causes of action arising on or after April 21, 2025.
SB 69 ('Georgia Courts Access and Consumer Protection Act', Act 10, signed April 21, 2025) requires litigation financiers to register with the Department of Banking and Finance, bars foreign-adversary-affiliated funders, mandates written contracts with required disclosures, and makes litigation financing agreements discoverable. Most provisions effective January 1, 2026; the discovery provision effective on signing for actions commenced on or after that date.
The verified statutory points:
- **O.C.G.A. § 9-10-184 as amended by SB 68 § 1** — Anchoring limited to post-evidence, evidence-related argument of noneconomic damages.
- **O.C.G.A. § 40-8-76.1(d) as amended** — Seat-belt non-use admissible for cases commenced on or after April 21, 2025.
- **O.C.G.A. § 51-12-1.1** — Medical specials limited to reasonable value of necessary care; LOPs discoverable (causes arising on/after April 21, 2025).
Seat-belt evidence — prospective only
SB 69 § 5(c). Old cases keep the old rule.
What the jury sees of medical bills
§ 51-12-1.1 arising-on-or-after date.
Trial procedure: anchoring, bifurcation, dismissal
Pending vs prospective applicability from § 9.
Litigation funding (SB 69)
The verified code sections for this topic are collected under Georgia law that applies, with the same cites as the brief.
What did not change
§ 9-3-33 and § 51-12-33 still govern.
Georgia law that applies
- O.C.G.A. § 9-10-184 as amended by SB 68 § 1 — Anchoring limited to post-evidence, evidence-related argument of noneconomic damages.
- O.C.G.A. § 40-8-76.1(d) as amended — Seat-belt non-use admissible for cases commenced on or after April 21, 2025.
- O.C.G.A. § 51-12-1.1 — Medical specials limited to reasonable value of necessary care; LOPs discoverable (causes arising on/after April 21, 2025).
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Sources: Georgia General Assembly - SB 68 enrolled text (LC 49 2362S) · Georgia SB 69 enrolled text / Act 10 · O.C.G.A. § 51-12-1.1 (2025) - Justia
The firm
Owner-confirmed: Omar A. Cooper, Esq., J.D. Northwestern, GA Bar Sept 8 2023; 260 Peachtree St NW; (470) 852-6328.
Attorney advertising disclaimer on every published page.
Where these facts were opened
Each fact on this page was opened at the source listed in the verified brief. Georgia General Assembly - SB 68 enrolled text (LC 49 2362S); Georgia SB 69 enrolled text / Act 10; O.C.G.A. § 51-12-1.1 (2025) - Justia.
Senate Bill 68 (AS PASSED) amends Titles 9, 40 and 51 of the O.C.G.A. to revise civil practice, evidentiary matters, damages and liability in tort actions, including limitations on noneconomic-damages argument, timing of answers and discovery, dismissals, attorney's fees,. Opened at Georgia General Assembly - SB 68 enrolled text (LC 49 2362S).
SB 68 § 1 revises O.C.G.A. § 9-10-184: in bodily-injury or wrongful-death trials, counsel may argue the monetary value of noneconomic damages only after the close of evidence, and the argument must be rationally related to the evidence; no reference to objects or values with no. Opened at SB 68 § 1 amending O.C.G.A. § 9-10-184.
FAQs
When did Georgia's 2025 tort reform take effect?
SB 68 and SB 69 were signed April 21, 2025. Some provisions apply to pending cases; seat-belt evidence and the medical-expense rule are prospective (commenced/arising on or after that date). Confirm the applicability clause for each section.
Can the other side use that I was not wearing a seat belt?
For cases commenced on or after April 21, 2025, yes, subject to Rule 403. Earlier-filed cases follow prior law.
Will the jury see my full hospital bill?
For causes of action arising on or after April 21, 2025, O.C.G.A. § 51-12-1.1 limits special damages to the reasonable value of medically necessary care and makes insurance-satisfaction amounts relevant.
Did tort reform change the two-year deadline?
No. O.C.G.A. § 9-3-33 still requires personal-injury actions within two years.
What is bifurcation under SB 68?
Any party may elect a two-phase trial (fault, then damages) except in specified sexual-offense or sub-$150,000 cases.
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