Georgia SB 68: Key Changes Every Personal Injury Lawyer Needs to Know

PI Lawyers! Here are some notable changes I flagged that are part of Georgia SB 68. Be aware of all these changes as you practice going forward:

The monetary value of pain and suffering can only be argued after the close of evidence. No more throwing out a number in opening statement.
-Section 1, changes to OCGA 9-10-184.
 
No more pain and suffering arguments referencing the value of artwork, professional athlete salaries, the cost of a racehorse, etc.
-Section 1, changes to OCGA 9-10-184.
 
Contingency fee agreements are not admissible to show reasonableness of attorney fees.
-Section 4, changes to OCGA 9-15-16.
 
Collateral source rule abolished. While evidence of the sticker price of the medical bill is still admissible, evidence of what insurance actually paid is admissible as well. Even if the Plaintiff did not use their health insurance, the health insurance rate is still admissible.
 
-Section 7, changes to OCGA 51-12-1.1.
 
Defendants can now elect to have the case bifurcated between liability and damages.
 
Note: The Court can reject this election if the amount in controversy is less than $150,000.
 
-Section 8, changes to OCGA 51-12-15

Please note that this list is not inclusive of all of the provisions of SB 68. Please read the bill in its entirety to make sure you are aware of all the changes made to our civil justice system. Should you have any questions, feel free to call or email me.

-Bart Benton