Atlanta, Georgia – Along with other important state leaders, Governor Brian P. Kemp presented a thorough tort reform package meant to leveling the judicial playing field and stabilize insurance rates for citizens throughout Georgia in a major step towards legal system reform. Governor Kemp presented an array of legislation measures meant to improve justice and openness inside the civil court system during a recent announcement attended by Lieutenant Governor Burt Jones, Speaker Jon Burns, and Insurance Commissioner John King.
“As I said in my State of the State address earlier this month, our legal environment is draining family bank accounts and hurting job creators of all sizes in nearly every industry in our state,” said Governor Brian Kemp in a release.
“After months of listening to our citizens, businesses, and stakeholders across the spectrum, it is clear the status quo is unacceptable, unsustainable, and jeopardizes our state’s prosperity in the years to come. This tort reform package protects the rights of all Georgians to have access to our civil justice system, and ensures that those who have been wronged receive justice and are made whole. I look forward to working with our partners in the General Assembly to pass this comprehensive and commonsense package, and achieve meaningful progress on this important issue during this legislative session.”
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The proposed legislation aims to protect the rights of all Georgians to access the civil justice system while ensuring that victims receive fair compensation. Key components of the package include reevaluating premises liability standards, enforcing truthful calculations of medical damages, and eliminating tactics that may unfairly influence jury decisions. For instance, the reforms propose that property owners should only be liable for conditions within their direct control, thus shielding businesses that contribute positively to their communities from undue legal burdens.
Additionally, the reforms address the calculation of medical damages in personal injury cases by requiring that claims reflect the actual amount paid or due, rather than inflated figures often cited in court. This measure is intended to prevent the escalation of insurance costs passed on to consumers.
Another significant aspect of the reforms is the prohibition of anchoring in jury arguments, a practice where attorneys may use arbitrary comparisons to sway jury decisions. The legislation seeks to empower juries to make decisions based on the facts presented, free from biased or irrelevant arguments.
The package also brings procedural reforms such as allowing bifurcation of trials, which calls for proving liability before talking about the degree of damages. This seeks to guarantee a fair hearing for both sides and expedite the court system. Moreover, it contains clauses allowing admissible evidence on seatbelt usage in motor vehicles, which could affect damage claims depending on the plaintiff’s level of precaution or absence.
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Reacting to the rising problem of third-party litigation funding, the package aims to forbid outside interference in Georgia’s legal system, especially from organizations likely to compromise state security or economic interests. It also seeks to protect consumers from abusive litigation funding methods by boosting openness and prohibiting funders from dictating legal tactics or results.
“My position on this important issue has always been the same,” said Lt. Governor Burt Jones. “If we want to continue to be the No. 1 state in which to do business, we must foster a business-friendly climate. We have to work together to ensure that we put families and consumers first by tackling the hidden costs we all pay thanks to Georgia’s current tort laws. I look forward to working with those in the General Assembly to move these bills through the legislative process.”
Aiming to ensure a more fair and economically stable environment for all Georgians, the publication of Governor Kemp’s tort reform package marks a major step towards lowering the hidden costs connected with current tort laws.
You can watch the Governor unveiling this plan here.
More details about the proposed changes can be found here.