Marietta Injury Lawyer Blog
Car insurance plays a major role as victims seek compensation for crash-related injuries in Cobb County. Without insurance, it would be challenging for victims to recover enough compensation to cover medical expenses, missed earnings, and emotional distress. As a result, it makes sense to stabilize the insurance industry whenever possible. Recent efforts to accomplish this goal could affect car accident lawsuits in Georgia, and this is something that residents should be aware of.
Senate Bill 68 and Senate Bill 69 Explained
SB 68 and SB 69 were designed to reform Georgia’s insurance industry due to concerns about rising premiums and frivolous lawsuits. But how exactly will these bills reform the insurance landscape?
First, these bills will affect premises liability cases. Previously, many businesses were facing lawsuits due to something called “negligent security.” Under this legal doctrine, a business could be held liable for failing to prevent foreseeable acts of violence on its premises. In other words, someone shot or assaulted at a business could sue the owner for failing to hire enough security. The new laws would make it more challenging to sue businesses for this breach of duty.
The bills will also tackle something called “phantom damages.” In a personal injury case, a victim must recover enough compensation to cover their medical costs. However, lawmakers in Georgia believe that these costs are being inflated by lawyers. Under the new laws, a victim can only pursue compensation for the actual medical bills they face.
In addition, the bills address something called “anchoring” in the closing arguments of personal injury trials. This strategy involves a lawyer asking the jury for compensation much higher than the amount they actually expect to receive. Critics say that this tactic may cause the jury to award higher amounts.
The bills allow parties to ask for “bifurcated trials.” In a bifurcated trial, parties must establish liability before discussing potential damages. Lawmakers say that this will “clarify important courtroom procedures” while allowing everyone to express their arguments.
Another key adjustment is the admission of seatbelt evidence. Under previous Georgia law, a defendant was not allowed to tell the court whether the victim was wearing their seatbelt at the time of the crash. Now, the defendant can introduce this evidence in an effort to mitigate damages.
Another major change is the elimination of “double attorney fees.” Due to a previous loophole, lawyers could potentially recover their legal fees twice in a single lawsuit. While attorney fees are still fair game in Georgia, they only pay out once.
What Happens Next?
There are a few other changes in these bills, but the general sentiment is straightforward: These laws favor insurance companies and business owners. It is now slightly more difficult to sue after car accidents or certain injuries on business premises. That said, plaintiffs should still feel confident about taking legal action for their injuries after crashes. The changes are not so extreme that they make Cobb County car accident lawsuits impossible.