If you’ve been injured in an accident, getting the compensation you deserve is already an uphill battle. However, a proposed law here in Georgia, SB 68, threatens to make it much more difficult. If this bill passes, accident victims could face extreme difficulties in recovering damages for their pain, suffering, and medical expenses potentially even struggling to access necessary medical treatment.
I fight every day for victims who have been hurt due to someone else’s negligence. And I can tell you this bill is a gift to insurance companies and big businesses at the expense of the people who need help the most.
What SB68 Means for Accident Victims
- Caps on Non-Economic Damages:
The bill restricts how attorneys present non-economic damages like pain, suffering, and mental anguish. Lawyers cannot suggest a monetary value until the end of the trial. As a result, juries may struggle to fully evaluate these damages. This limitation can reduce the compensation victims receive. - Restrictions on Medical Expense Recovery:
The bill limits the amount victims can claim for medical expenses. If you have insurance, your compensation may match what insurers agree to pay, not the actual cost of care. Consequently, victims may face higher out-of-pocket expenses while insurers benefit. - Delays and Roadblocks in the Legal Process:
The bill introduces procedural delays that slow down cases. For example, defendants can pause discovery by filing motions to dismiss. This delay can last up to 90 days. As a result, victims must wait longer to gather evidence and move their case forward. - Increased Burden in Negligent Security Cases:
Victims injured due to poor security may face stricter legal requirements. The bill raises the burden of proof significantly. Because of this, holding property owners accountable becomes much harder. Many victims may lose the chance to seek compensation. - Seatbelt Use as a Defence Strategy:
The bill allows insurers to use seatbelt use against victims in court. Even if the victim did not cause the accident, this factor may reduce compensation. This change shifts focus away from the at-fault party.
Who Wins and Who Loses
- Insurance Companies Benefit:
The bill protects insurers and large corporations from paying full claims. It reduces their financial exposure and limits payouts. - Accident Victims Lose:
Victims face stricter rules, reduced compensation, and longer delays. The legal process becomes more difficult to navigate.
At Ted Law Firm, we’re dedicated to fighting for injured victims. If you’re concerned about this bill, let your voice be heard. Contact your representatives and tell them to stand up for accident victims, not insurance companies. And if you or a loved one has been injured in a car accident, Call Ted Instead.
