Georgia has entered another year with new laws on the books. Despite being marketed as “efficiency improvements” or “litigation reforms,” we believe this year’s legal changes will hurt Georgia crime victims, creating additional barriers for survivors of violent crime, negligent security and catastrophic injury. These reforms make it harder for victims to present their cases, harder to recover damages and harder to hold negligent parties accountable.
As a follow-up to our recent discussion about troubling tort reform efforts, this update outlines several new legal changes in 2026 that will directly and negatively affect Georgia crime victims. While some may seem technical, their real-world impact is anything but.
Our concern continues to grow as legislative changes tilt the scales in favor of insurance companies, corporate defendants and negligent property owners, and away from Georgia crime victims who deserve a fair chance at justice.
Georgia recently passed its second round of so-called “tort reform” updates that included these legal changes that will hurt Georgia crime victims:
1. New Restrictions on Noneconomic Damage Arguments (O.C.G.A. § 9-10-184) – Georgia’s updated law significantly limits when noneconomic damages – like pain and suffering - may be argued to the jury, limiting such argument to be permissible “only after the close of evidence and at the time of such party’s first opportunity to argue the issue of damages…”
Why does this hurt victims?
- Juries evaluating complex emotional and psychological injuries are left without context during most of the trial.
- Defense attorneys gain strategic advantage by minimizing or distracting from the true human impact of a violent crime.
- This update pushes some of the most personal and devastating aspects of a victim’s harm to the sidelines, causing survivors to struggle to have their full experience understood and valued.
2. New Limitations on the Time to File Voluntary Dismissals (O.C.G.A. § 9-11-41(a)) – Plaintiffs historically had at least one opportunity to voluntarily dismiss their case at any time, with or without motion to the court, and re-file within six months of that dismissal. This replaces those prior limitations.
Why does this matter?
- Crime victims lose flexibility when unexpected developments occur during litigation.
- Defendants may use delay tactics knowing that victims now have fewer procedural safeguards.
- Victims may be forced to proceed prematurely or risk losing their claims.
3. New Rules on Presenting Medical and Healthcare Expenses at Trial – In Georgia, medical expense recovery amounts must now be demonstrated not only as billed charges but also through evidence of actual payments. This overwhelmingly favors insurers and defendants, not the injured victim.
Why does this hurt victims?
- Survivors who receive discounted care or partial insurance coverage may appear to have suffered less financial harm on paper than in reality.
- Insurance companies benefit because they can argue for drastically reduced damage awards.
- Juries may be misled into believing a victim’s care was less extensive or costly than it truly was.
4. Mandatory Bifurcation of Trials if Requested (O.C.G.A. § 51-12-15) – This new law allows any party in a trial to demand the trial be split into separate phases for liability and damages. Because of that, this statute allows defense lawyers to bill more while plaintiffs’ lawyers do far more work.
Why does this matter?
- Plaintiffs’ attorneys must now essentially prepare and try two trials instead of one. Many plaintiffs’ lawyers charge a contingency fee (meaning the victim only pays a percentage if they win their case) and that will likely increase to cover the added time and workload to manage two trials. This puts up more roadblocks for an injured victim to pursue justice.
- Litigation can become lengthier, and it’s more difficult for a victim to endure a longer-than-necessary trial period. It can be both mentally stressful and financially difficult the longer the trials play out, and the victim is forced to be retraumatized.
Each of these legal updates might appear to be minor adjustments. But together they represent a broader movement in Georgia to increasingly protect negligent corporations, property owners and insurance companies at the expense of the vulnerable survivors.
While these legal changes are concerning, it is important to acknowledge the ongoing work of attorneys, advocates, legislators and community partners who fight every day to protect victims’ rights. Thanks to all of you in Georgia who are working and advocating for the rights of crime victims. Let’s all continue to champion the interests of the victims who turn to us for help and work together to confront these challenges that threaten civil justice.
Have questions or comments about any of these updated statutes? Please fill out a contact form or call us at 770-351-4400.