Georgia’s Senate Bill 68 (SB 68) has introduced major changes to the state’s tort laws, making it harder for injured victims to seek full and fair compensation. For instance, the new law imposes stricter limits on noneconomic damages, raises the bar for evidence admissibility, and alters how fault is assigned. These changes could limit how cases are argued and which claims make it to trial.
While the legislation aims to discourage “unnecessary” lawsuits and protect business interests, it shifts the legal burden onto plaintiffs. So, if you are a legal team representing injured individuals, you must make several adjustments in your operations to stay compliant.
At Gallo Legal, we help you adapt to these changes by ensuring your transcripts, documentation, and litigation workflows align with SB 68’s new requirements. Here are some changes under the new law and how our services will increase the chances of winning your cases.
Negligent Security Cases
It is now difficult to hold property owners accountable when crimes occur on their premises due to insufficient security measures.
This is because the law requires a higher standard of proof, including showing that the crime was reasonably foreseeable and that the property owner failed to take appropriate action, even when that failure leads to serious injury or death.
As such, the burden now falls on the plaintiff to produce expert testimony connecting the lack of security to the harm suffered. Without good documentation and evidence, these cases risk being dismissed.
At Gallo Legal, we help legal teams strengthen negligent security claims by preparing incident reports that establish the timeline of events, the conditions on-site, and the owner’s failure to act. Our team will also ensure that all supporting documents are consistent, admissible, and submitted within the timelines required under SB 68.
Caps on Noneconomic Damages
SB 68 places new limits on noneconomic damages in civil cases, including personal injury. These caps restrict the amount plaintiffs can recover for pain and emotional distress, regardless of how the injury may be.
However, even with statutory limits, how you present your case still matters. Our team will help you strengthen your claim by ensuring medical documentation supports your damages claims. This will help your client get maximum compensation for the injuries.
Bifurcation of Trials
Under SB 68, courts are now encouraged to bifurcate trials. This means the proceedings may be split into separate phases, one to determine liability and another to assess damages. The goal is to reduce bias and streamline court proceedings.
Unfortunately, this structure can make cases longer, more complex, and resource-intensive. You now have to prepare and argue your case in two stages, repeat key strategies like coordinating witness testimony, submit evidence in different formats, and tailor your approach for each phase.
If your firm is currently managing a heavy caseload or has limited staff, this structure could stretch your time, team, and budget. Moreover, a misstep in timing or formatting could result in key information being excluded.
At Gallo Legal, we provide full litigation support across both trial stages. We will prepare all documents, including transcripts, exhibits, and expert testimony records, to ensure they are accurate and consistent. Each record is also reviewed for clarity to avoid confusion or duplication.
Filing Motions
SB 68 allows defendants to put a case on hold by filing motions, such as challenging a witness’s testimony. These motions can automatically pause discovery and other activities until the court rules on them.
This tactic can slow down access to justice and increase medical and financial costs for those already dealing with serious injuries. For legal teams, it creates uncertainty in scheduling and disrupts workflow.
At Gallo Legal, we help you prepare for these delays and procedural hurdles. Our team delivers accurate transcripts, deposition records, and supporting documents to strengthen your motion responses. We also help you manage tight deadlines, file court cases, and change schedules to ensure each proceeding goes as planned.
Case Dismissal
SB 68 has also changed how and when civil cases in Georgia can be dismissed. Defendants seek early dismissal by challenging the legality of a claim, even before answering the case.
On the other hand, plaintiffs now have stricter limits on voluntarily dismissing and refiling their cases. Under SB 68, a plaintiff may only dismiss a case without prejudice within 60 days after the defendant has filed an answer.
Once that window closes, dismissing the case requires court approval or consent of the two parties. This may result in a dismissal with prejudice, effectively ending the claim. These new restrictions reduce a plaintiff’s ability to regroup, gather stronger evidence, or adjust strategy after new facts emerge.
Our team can reduce the risk of dismissal by ensuring your case is built on a strong foundation. We’ll help you gather and record expert witness records and exhibits to support your case. And if new evidence arises or the case takes a new direction, we’ll ensure those updates are documented and submitted within the required deadlines. This ensures your client’s chance at justice isn’t lost due to procedural issues.
Need Help Navigating Georgia’s SB 68 Reforms?
No doubt. The changes introduced by SB 68 affect how fault is assigned, how damages are calculated, and what evidence is admissible in court. This means you must review how you collect witness statements, organize evidence sheets, or prepare documentation for hearings, all while managing existing caseloads.
These adjustments can be time-consuming and stressful, especially if your team is currently handling tight deadlines or is unfamiliar with the new requirements.
At Gallo Legal, we make it easier to adapt. Our team understands the latest tort law requirements and can help you comply without disrupting your case timelines. Whether you want to prepare for a last-minute deposition, manage hybrid proceedings, or revise your records, our team provides tailored support to keep your work accurate and compliant. We also offer all of our equipment for rent in case you want to present your case without our assistance.
Get in touch with us to schedule a free consultation.
