Senate Bill 68 (SB 68) has introduced important changes to personal injury laws in Georgia. These changes affect both plaintiffs and defendants in injury claims. Whether you are an accident victim or a business owner concerned about liability, understanding these legal adjustments can affect your rights and responsibilities.
This bill revises statutes concerning liability, comparative negligence, and compensation limits. Injured parties must know how SB 68 influences their ability to seek damages and how courts may now assess fault in personal injury cases. Consulting a personal injury attorney in Augusta can provide clarity on how these legal updates apply to specific cases.
Key Changes Under Senate Bill 68
Modified Comparative Negligence Standards
One of the most significant changes introduced by SB 68 is the revision of Georgia’s comparative negligence rule. Previously, Georgia followed a modified comparative negligence system in which a plaintiff could recover damages as long as they were less than 50% responsible for their injuries. Under SB 68, the threshold for recovery has been adjusted, which means:
• If an injured party is found to be 50% or more at fault, they cannot recover any damages.
• If they are less than 50% responsible, their compensation will be reduced by their percentage of fault.
For example, if a jury awards $100,000 in damages but determines the plaintiff was 30% at fault, the final compensation would be reduced to $70,000. This change makes proving liability even more critical in personal injury claims.
Caps on Certain Damages
SB 68 has also placed restrictions on non-economic damages, which include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. These caps aim to prevent excessive awards that some lawmakers argue contribute to increased insurance costs and litigation. However, there are exceptions:
• No cap applies to cases involving intentional misconduct or gross negligence.
• Punitive damages remain available in cases of reckless or malicious conduct, though they are still subject to statutory limits.
For individuals filing injury claims, this means working with experienced legal counsel to present the strongest possible case for fair compensation.
Changes in Liability for Businesses and Property Owners
Businesses and property owners must also adjust to SB 68’s revisions regarding premises liability and duty of care toward visitors. The bill clarifies that:
• Property owners are not automatically liable for injuries occurring on their premises unless negligence is established.
• Foreseeability plays a greater role, requiring plaintiffs to demonstrate that the owner knew or should have known about the hazardous condition.
• Businesses have a reduced duty of care toward trespassers, limiting the ability of unauthorized individuals to file claims for injuries sustained on private property.
These modifications offer some protection to business owners but also place an added burden on injured parties to prove negligence.
How Senate Bill 68 Affects Personal Injury Plaintiffs
Under the revised negligence laws, plaintiffs must now provide clearer evidence that the defendant’s actions directly caused their injuries. This often requires:
• Expert testimony to demonstrate negligence.
• Medical records that link the injury to the defendant’s conduct.
• Surveillance footage or witness statements to support claims of liability.
Because of the stricter negligence threshold, gathering evidence early in the legal process has become even more important.
Impact on Car Accident Claims
For individuals injured in auto accidents, SB 68 reinforces the importance of understanding Georgia’s fault-based insurance system. The bill strengthens the role of comparative negligence, meaning:
• Insurance companies may more aggressively dispute claims by arguing shared fault.
• Plaintiffs who bear partial blame must be prepared to defend their position with strong evidence.
• The risk of reduced compensation is higher, making legal representation even more valuable.
Car accident victims should ensure they document the scene, obtain police reports, and seek medical attention immediately to protect their rights.
Medical Malpractice and Product Liability Adjustments
SB 68 also affects medical malpractice and defective product claims. Key changes include:
• Shortened filing deadlines for certain claims.
• Higher standards of proof for medical malpractice cases, making expert testimony a necessity.
• Stronger defenses for manufacturers, particularly for product liability lawsuits.
These adjustments can make it more challenging to win lawsuits without well-documented evidence and skilled legal advocacy.
Steps to Take If You Have a Personal Injury Claim Under SB 68
If you have been injured due to another party’s negligence, understanding your legal rights under SB 68 is essential. Here are some immediate steps to protect your claim:
1. Seek Medical Attention Immediately – Prompt documentation of your injuries strengthens your case.
2. Gather Evidence at the Scene – Photos, witness statements, and official reports are invaluable.
3. Consult a Personal Injury Attorney – A personal injury attorney in Augusta can assess your case and develop a legal strategy.
4. Be Cautious When Speaking with Insurance Adjusters – Anything you say can be used to minimize your claim.
5. File Your Claim Within the Statute of Limitations – Ensure you meet all legal deadlines to avoid case dismissal.
Final Thoughts
Senate Bill 68 introduces significant changes to personal injury claims in Georgia, making it more important than ever for injury victims to understand their legal rights. From stricter comparative negligence rules to new damage caps and liability protections, these modifications affect how cases are built and litigated.
For those facing personal injury disputes, working with an experienced personal injury attorney in Augusta can help ensure that claims are handled effectively and that victims receive the compensation they deserve.
Understanding the law is the first step toward protecting your rights and securing a fair outcome in a personal injury case.
