The Truth About Georgia’s Tort Reform

What SB 68 Means for You 

(Updated March 20th, 2025)

Georgia’s SB 68 Passes our State House and Senate:
What’s Next for Consumers and Victims?

Georgia Senate Bill 68 (SB 68), falsely promoted as a measure to stabilize insurance costs and curb frivolous lawsuits, has officially passed the Georgia Senate. Despite this setback, it remains crucial to understand its real impacts and explore ways Georgians can still advocate for their rights and safety.

What Is SB 68?

SB 68 is sweeping tort reform legislation supported by Governor Brian Kemp and corporate interests. It significantly changes Georgia’s civil litigation system, limits damages, alters evidentiary standards, and makes it more difficult for injured victims to pursue legitimate claims.


The Real Impact of SB 68 on Georgians:

1. No Reduction in Insurance Premiums and the Truth About Insurance Reform in Georgia
SB 68 will not lower insurance premiums. Historical evidence from other states shows that tort reform does not reduce premiums. Georgia’s rising premiums result from inflation, increased weather-related damages, and crime, not litigation. Additionally, insurance companies have not provided verifiable data and have remained silent on record profits in recent years.
2. Making Georgia an Outlier in Tort Law
Georgia was not previously an outlier regarding tort law. However, with SB 68, Georgia will now stand alone in creating harsh restrictions that disadvantage accident victims in a state already facing extreme traffic congestion and significantly higher accident rates.
3. Blocking Legitimate Claims, Not Frivolous Ones
SB 68 fails to address frivolous lawsuits and instead erects unnecessary barriers for valid, justified claims, making justice inaccessible for many injured Georgians.
4. Collateral Source Rule – Penalizing Responsible Citizens and Undermining Fairness
SB 68’s alteration to the collateral source rule doesn’t just penalize responsible Georgians who have diligently paid for their health insurance—it unfairly punishes them by taking away their right to the benefits they’ve earned. This deeply unethical provision redirects those benefits to irresponsible parties, rewarding dangerous behaviors such as drunk driving. It undermines fairness and justice, causing emotional and financial harm to innocent victims who followed the rules and acted responsibly.
5. Bifurcation – Increased Burdens for Victims and Courts
SB 68 removes judges’ discretion by mandating separate trials for liability and damages, unnecessarily causing additional emotional trauma for victims, such as grieving families forced to testify repeatedly.
6. Negligent Security – Reduced Community Safety, Premises Liability, and Accountability
The new rules reduce responsibility for property owners to provide reasonable safety measures, making communities less secure and absolving businesses of critical accountability.

Who Benefits from SB 68?

  • Insurance Companies: Reduced payouts without reducing premiums.
  • Large Corporations: Less accountability and reduced incentives for maintaining safe practices.
  • Lobbyists and Special Interests: Corporate advocates profiting from legislation misrepresented as consumer-friendly.

What Can Still Be Done to Protect Your Rights?

Even though SB 68 has passed the Senate, your voice still matters:
  1. Contact Governor Kemp: Urge him to veto SB 68. 
  2. Raise Awareness: Share accurate information about SB 68 and its impacts through  social media and community conversations.
  3. Support Advocacy Groups: Organizations like the  Georgia Trial Lawyers Association (GTLA) continue to advocate for your rights. Support their ongoing efforts.
  4. Educate Others: Inform and share resources with your network about the true implications of tort reform:
     (Public Citizen– Setting the Record Straight on Medical Liability Limits: Tort “Reform”) (Georgia Rights Alliance– News and Resources) (Tort Reforms’s Implications on Human Trafficing)
It’s Not Over Yet—Take Action Today!
Although SB 68 has passed, the fight to protect consumer rights, safety, and fair treatment continues.


Contact Governor Kemp now and ask him to protect Georgians by vetoing SB 68.

 

 

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