Predictions for Georgia’s Personal Injury Landscape After SB 68
With the passing of SB 68, Georgia’s tort landscape has shifted dramatically. While lawmakers framed the bill as a way to reduce insurance premiums and curb frivolous litigation, the practical effect will be a sharp uptick in lawsuits, more hurdles for injured people seeking medical care, and a justice system that increasingly favors corporate defendants over everyday Georgians.
Below are two key predictions for what’s ahead now that SB 68 is law, and how these changes could reshape personal injury litigation across the state.
1. A Surge in Lawsuits
There will be little to no reason to even attempt pre-suit resolutions.
Insurance carriers already have little incentive to make fair settlement offers before a lawsuit is filed, unless the case is a slam-dunk policy limits scenario. SB 68 will only make that worse. By restricting how plaintiffs can argue non-economic damages—and potentially chilling any discussion of them at all—insurers know their exposure at trial may be lower.
That means early settlement offers will drop, even on clear liability cases. Plaintiffs’ lawyers will have no choice but to file suit faster and more frequently. The backlog in Georgia courts will grow, and injured people will wait even longer to receive justice.
2. No One Will Use Health Insurance for Treatment
Why would they? Even if evidence of lower health insurance rates is admissible whether you use it or not, there’s no incentive to use it under this bill. SB 68 makes using your own health insurance a financial trap. In theory, the law aims to reduce inflated medical bills by allowing juries to see what health insurance would have paid for care—even if a plaintiff didn’t use it. But in practice, it punishes those who do the “responsible” thing by treating through their insurance.
Most people can’t afford the upfront costs of co-pays and deductibles. Sixty percent of Americans can’t cover a $1,000 emergency expense. Having to endure a financial hardship to cover co-pays and deductibles when you get zero benefit from having health insurance makes no sense.
Why would an injured person incur thousands in deductibles and co-pays if that effort won’t increase the value of their case or their recovery? With SB 68 in place, patients will overwhelmingly seek treatment on liens rather than putting themselves in financial hardship with no upside.
The result? A heavier reliance on lien-based providers, more disputes over reasonableness of charges, and a legal system that penalizes those who try to do things the “right” way.
This Isn’t the End—It’s the Beginning of a Longer Battle
There are numerous other ways this law will impact personal injury cases. These are just two examples of how SB 68 will completely change how personal injury cases are handled, and not for the better.
SB 68 may be the law now, but the fight for fair outcomes is far from over. As these changes take hold, we’ll see exactly who benefits (hint: it’s not Georgia families), and who is left behind. The courtroom remains the last place where real people can still be heard, and we’ll continue showing up, pushing back, and making sure that juries see the truth behind the paperwork.
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