Recent changes to Georgia’s personal injury laws, specifically
SB68
have created new challenges for those seeking fair compensation after an accident. These changes largely favor insurance companies, making it essential for injured parties to understand how these adjustments may affect their claims. Here’s a breakdown of the most significant updates and what they mean for you.
Medical Bills: A New Look at Pricing
Under the
new law SB68, insurance companies
and juries can now review the discounted prices that health insurance companies pay for medical treatment, or the reduced amounts agreed upon with providers who treat patients under the expectation of payment from a settlement or judgment. This is a significant shift from the previous standard, where juries would see the full “sticker price” of medical bills.
What This Means for You:
- This change may reduce settlement values since jurors will now see the lower, adjusted prices rather than the total billed amount.
- Importantly, these changes only apply to accidents that occur after the law’s effective date. Injuries sustained before the law took effect are not impacted.
Non-Economic Damages: Pain, Suffering, and Emotional Loss
Non-economic damages include pain and suffering, mental anguish, and loss of enjoyment of life. Under the new law (SB68), attorneys representing injured parties can no longer suggest specific dollar amounts for these types of damages until the end of the trial. Even then, the judge must decide if the suggested amount is rationally tied to the economic damages presented in the case.
What This Means for You:
- This restriction could reduce settlement values, especially in cases with low medical costs but severe pain and suffering.
- For example, if someone fractures their sternum and multiple ribs but requires minimal medical treatment, their suffering may still be immense. However, insurance companies may argue that the lack of high medical bills means the victim’s pain and suffering should be valued lower.
- The new law also makes it harder to explain emotional suffering, which is especially impactful in cases involving the loss of a loved one.
Seatbelt Defense: Changing the Rules
Previously, Georgia law prohibited juries from considering whether an injured party was wearing a seatbelt when determining fault or awarding compensation. Now, under SB68, insurance companies can argue that the injured person was partially or completely at fault for their own injuries if they weren’t wearing a seatbelt.
What This Means for You:
- If you were involved in an accident without wearing a seatbelt, the insurance company may try to reduce or deny your claim based on this new argument.
Negligent Security Cases: A Higher Burden of Proof
Winning negligent security cases
is now significantly harder. For a property owner to be held liable for an injury caused by inadequate security, the circumstances must be extremely clear and overwhelming. Additionally, the property owner must have been previously aware of incidents identical to, or very similar to, the one that caused the injury.
What This Means for You:
- This heightened standard makes it difficult for injured parties to hold property owners accountable, even in situations where security measures were clearly lacking.
- While some exceptions exist, they rarely apply to typical cases involving injuries sustained at bars, clubs, hotels, or similar establishments.
The Bottom Line
These legal changes present significant challenges for injured individuals seeking fair compensation. While insurance companies were given new tools to reduce payouts, no caps were placed on their premium rates. As a result:
- Settlements and verdicts are likely to be lower than before.
- Injured parties may see less “in your pocket” when their case is resolved.
Additional Resources and Support
For more information on SB68 and the changes to Georgia’s personal injury laws, you can visit the Georgia State Legislature or refer to trusted local news reports for the latest updates.
Need Legal Guidance? Contact Us Today
Navigating these changes requires careful planning and strong legal representation to ensure your rights are protected. If you or a loved one has been injured, it’s crucial to work with a knowledgeable attorney who understands these new complexities under SB68 and can help maximize your recovery.
Contact Mike Hostilo Law Firm today for a free consultation to discuss your case and understand how these changes may impact your claim. ance? Contact Us Today
