Car Accident Reference and Atlanta Firm Directory

Georgia's 2025 tort changes and car crash claims

Last updated . Sources checked

Contents
  1. Medical costs and valuation arguments
  2. Seat-belt evidence
  3. Trial phases and continuing fault rules
  4. Related entries
  5. References

Georgia's 2025 tort legislation changed several rules relevant to car crash litigation. SB 68 addressed medical-expense damages, noneconomic-damage arguments and trial procedure. SB 69 also addressed seat-belt evidence. The changes do not all share the same applicability language, so a general statement that every provision governs every pending case is unsafe.[1][2]

Medical costs and valuation arguments

The medical-expense provision limits recovery to the reasonable value of medically necessary care and makes specified insurance-payment information relevant. Its applicability is tied to causes of action arising on or after April 21, 2025. SB 68 separately restricts when counsel may argue a monetary value for noneconomic damages and requires a rational connection to the evidence.[3][1]

Seat-belt evidence

SB 69 permits evidence of seat-belt nonuse on issues that include causation and comparative negligence, subject to evidentiary rules. Section 4 took effect on approval, with Section 5 stating that it applies to causes of action commenced on or after the effective date and not those pending then. The statute also preserves the prohibition against using nonuse to cancel coverage or increase an insurance rate.[2]

Trial phases and continuing fault rules

The new trial-phase statute permits a written election before the pretrial order to separate fault from damages, with specified exceptions. This procedural change does not replace O.C.G.A. 51-12-33's rule reducing damages for plaintiff fault and barring recovery at 50 percent or more. Older summaries should be checked provision by provision rather than accepted or discarded as a group.[4][5]

References

  1. ab 2025 SB 68: signed tort legislation. Office of the Governor of Georgia. https://gov.georgia.gov/document/2025-signed-legislation/sb-68/download. official. Checked . Source record
  2. ab 2025 SB 69: signed legislation, including seat-belt evidence. Office of the Governor of Georgia. https://gov.georgia.gov/document/2025-signed-legislation/sb-69/download. official. Checked . Source record
  3. ^ O.C.G.A. 51-12-1.1: medical and healthcare expenses. Justia. https://law.justia.com/codes/georgia/title-51/chapter-12/article-1/section-51-12-1-1/. independent. Checked . Source record
  4. ^ O.C.G.A. 51-12-15: separate trial phases. Justia. https://law.justia.com/codes/georgia/title-51/chapter-12/article-1/section-51-12-15/. independent. Checked . Source record
  5. ^ O.C.G.A. 51-12-33: reduction and apportionment of damages. Justia. https://law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/. independent. Checked . Source record