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Beat SB68 With Our Workaround Guide In 2026

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Georgia's Tort Reform is Here - But You Can Fight Back

SB68 is now law in Georgia. This harsh tort reform package threatens your PI practice... in theory. But these new statutes aren't all they're cracked up to be. Savvy personal injury attorneys can use these “obstacles” as opportunities to turn the tide in favor of their clients.

Our free guide gives you solid strategies to beat these new laws. You can still win substantial settlements and verdicts for your clients despite SB68's restrictions. In fact, some attorneys are already using our methods to secure better outcomes than before.

Need a quick primer on the new laws? We've got you covered. This guide includes a comprehensive summary of all SB68 changes without the hassle of searching through scattered code sections. Whether you’re new to these reforms or just need a refresher, we’ve broken everything down into 3 short pages of clear, actionable information.

lawyers studying SB68 tort reform

Why You Need This Guide Today

Insurance companies are already using SB68 to lower values and deny claims. Their adjusters and defense lawyers have been trained on the new laws. Have you?

Every day without these strategies costs your clients money. Our guide gives you the tools to fight back immediately.

The complete guide includes:

  • Plain-English summary of all SB68 changes (just 3 pages!)
  • Section-by-section breakdown of SB68 with effective dates
  • Strategic responses to each provision with practical workarounds
  • Pain & suffering valuation arguments that comply with new limitations
  • Strategies for dismissals without prejudice outside the 60-day window
  • Collateral source evidence counterstrategies
  • Bifurcation response playbook including stipulation tactics

***This guide does not address the negligent security components of SB68 (Section 6). Analysis of this section is deferred to subject matter experts in negligent security litigation***

Turn SB68 Against the Insurance Companies

Insurance giants pushed for this tort reform. They claimed it would lower premiums for Georgians. But as the 11Alive report shows, there’s no guarantee rates will drop.

What’s clear? Insurance companies expect to pay your clients less. They’re counting on you not knowing how to navigate these new rules.

Our guide flips their plan upside down. Don't just adapt to Georgia's tort reform legislation—actively fight back. This guide is more than just strategies—it’s a powerful tool to help you protect your clients’ rights and preserve justice in Georgia.

Are you ready to stand up for your clients' rights? Click the download button below and start implementing these proven strategies immediately. Your current and future clients are depending on you to understand these laws and circumvent them to their advantage.

Preview:


Section 1: Pain & Suffering Anchoring (O.C.G.A. §9-10-184)

Effective Date: April 17, 2025 at 1:45pm EST.

Core Restrictions:

  • Worth / Valuation arguments of pain & suffering are limited to closing only:
    • 1st Close: must argue value here since it’s your “first opportunity.” Plaintiff canno longer waive first close and argue valuation in 2nd close.
    • 2nd Close: may argue value again, but cannot change the 1 close valuation. 
  • Arguments must be “rationally related” to the evidence (this includes objects or values).
  • Voir Dire limited to questions about a juror’s ability to return:
    • No damages verdict, or
    • Verdict “in excess of some unspecified amount” if supported by the evidence.
  • Penalty: Curative instruction or mistrial.

Strategic Response:

  • Per Diem Method: calculate daily pain and suffering.
  • Job Ad: calculate pain and suffering like it were a job ad.
  • Salary Comparison: “When my client arrives at work, her employer values her time at $85,000. She earns this for applying her skills 40-hours per week, with evenings, weekends, and vacations to recover. But her pain works 24/7. Her pain doesn’t clock out at 5pm. It doesn’t take weekends off. It keeps working through holidays and family gatherings. No reasonable person would accept that salary to endure what she has suffered, around the clock. If that’s what her time is worth when she’s creating value, then her unrelenting and documented pain is worth more.
  • Evidence Development: document Plaintiff’s pain thoroughly with photos, video, day-in-the-life, before-and-after, witness statements, fitness data, weight changes, journals, social media, etc.
  • Appeals Issue: subsection (e) isn’t possible as the evidence has yet to be admitted.

Join Our SB68 Response Network!

Don't face these challenges alone. Georgia Trial Attorneys has built an extensive collection of free resources specifically designed for personal injury attorneys. We believe that uniting our voices strengthens the entire legal community and leads to better protection for injured clients across Georgia.

Our comprehensive resource library goes beyond basic letters to legislators. You'll find detailed guides for handling discovery, crafting compelling consolidated pre-trial orders, and presenting damages effectively. Each resource reflects successful advocacy strategies and practical approaches you can use immediately.

Connect With Our Personal Injury Trial Lawyers

Every personal injury case presents unique challenges, especially under SB68. Our experienced litigators have been preparing for these changes since they were first proposed, and we're ready to share our insights with you. Whether you're struggling with collateral source issues, bifurcation tactics, or pain and suffering valuation limitations, our team will help you develop winning approaches.

Let's work together! Schedule a free strategy session with our team to discuss your current cases and identify opportunities for success. When trial attorneys unite against insurance- friendly legislation, both you and your clients win. Join us in preserving access to justice for injured Georgians despite SB68's attempts to limit their rights.