Georgia Gov. Brian Kemp (pictured above) signed into law significant tort reform legislation aimed at addressing legal system abuses and reducing associated costs.
The new law, which has been praised by the insurance industry, was a key priority for the governor during the 2025 legislative session.
Senate Bill 68 passed quickly through the state legislature, with the House of Representatives approving it on March 20 and the Senate reconciling amendments the following day. The bill was sent to the governor on April 7.
Kemp described the new legislation as a win for Georgia residents, stating it corrects an “out-of-balance” legal system. He emphasized the collaborative efforts of regulators and lawmakers in securing its passage.
“As a result of this collective effort and outpouring of support from Georgians of all backgrounds, Georgia continues to move in the right direction as we work to stabilize costs and compete for economic opportunities that will create good-paying jobs for hardworking Georgians across our state,” he said.
The new law introduces several changes to Georgia's legal framework. It revises negligent security liability standards, limiting businesses' responsibility to what they can directly control.
Additionally, the law allows attorneys in jury trials to present both the medical bills charged by providers and the amounts actually paid to cover medical care. This aims to give juries a clearer understanding of actual costs, potentially leading to more reasonable awards. The law also mandates that juries be informed if a plaintiff was wearing a seat belt during an accident.
Another key provision of the law prohibits the use of “anchoring tactics” in pain and suffering damage claims. Under the new law, attorneys can no longer use artificial benchmarks, such as a professional athlete’s salary, to suggest a value for a plaintiff’s injuries. Closing arguments must now reflect only actual evidence of the plaintiff’s pain and suffering.
The legislation also eliminates the possibility of double recovery of attorney fees and removes the ability for plaintiffs to voluntarily dismiss cases during trial in order to select more favorable jurisdictions after defense costs have been incurred.
Additionally, changes to Georgia's civil practice rules allow defendants to file a motion to dismiss instead of an answer to a complaint, reducing discovery expenses while the motion is pending.
The law also addresses third-party litigation funding by banning hostile foreign adversaries from financing lawsuits, increasing transparency in these arrangements, and preventing lenders from influencing litigation strategy or claiming a portion of the plaintiff’s award.
In other regulatory developments, Georgia Insurance and Safety Fire Commissioner John King informed lawmakers that the state has no need for additional oversight in the wake of queries regarding insurer affiliates, subsidiaries, and managing general agents (MGAs).
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