Georgia Governor Brian Kemp has introduced a new plan to change the state’s legal system, aiming to reduce large lawsuit payouts and lower insurance costs. The proposal, which he calls a top priority for 2025, has sparked both support and criticism. While business groups argue it will create fairer legal conditions, trial lawyers and some lawmakers worry it may harm victims seeking justice.
What Is Governor Kemp Proposing?
During a press conference at the Georgia State Capitol, Kemp unveiled a plan that includes two bills: Senate Bill 68 and Senate Bill 69. These bills aim to limit large lawsuit awards, reduce legal costs for businesses, and prevent high insurance premiums. However, they do not introduce a specific cap on damages awarded to plaintiffs, a measure that the Georgia Supreme Court struck down in 2010.
Senate Bill 68, sponsored by Senate President Pro Tem John F. Kennedy, proposes:
Limiting property owners’ liability for injuries that happen on their premises.
Preventing lawyers from suggesting a specific amount for pain and suffering compensation.
Splitting trials into separate phases for deciding liability and awarding damages.
Senate Bill 69 focuses on lawsuit financing and includes measures to:
Require third-party litigation funders to register with the Department of Banking and Finance.
Restrict foreign governments from funding lawsuits.
Prevent outside entities from influencing how plaintiffs settle cases.
Why Supporters Back the Proposal
Kemp and business groups argue that high lawsuit payouts drive up insurance costs, making it harder for small businesses to survive. The 2024 American Tort Reform Foundation ranked Georgia among the top five “judicial hellholes,” citing excessive jury awards as a major issue.
Kemp emphasized the real-world impact of these legal costs, stating that rising insurance premiums affect grocery stores, medical facilities, restaurants, and childcare centers. Business groups like the Georgia Chamber of Commerce believe these changes will create a more balanced court system and attract more insurance providers to the state.
Kyle Wingfield, President of the Georgia Public Policy Foundation, supports the reforms, saying, “This isn’t about stopping lawsuits but making the system fairer for everyone.”
Opposition and Concerns
Democrats and trial lawyers argue that Kemp’s plan prioritizes businesses over individuals who have suffered harm. They question whether large jury verdicts are truly responsible for rising insurance premiums.
Rep. Tanya Miller, an Atlanta Democrat, criticized the proposal, saying, “We’re being asked to take the insurance industry’s word for it that limiting lawsuits will lower rates. There is no proof of that.”
Former state Rep. Matthew Wilson, a personal injury lawyer, raised concerns about restricting damages for medical expenses. He believes this shift could hurt victims by placing the financial burden on them instead of those responsible for their injuries.
A Divisive Debate
While Kemp is determined to push his plan through the legislature, the bills are expected to face strong opposition. Some lawmakers and advocacy groups demand more transparency from insurance companies before accepting changes to the legal system. They argue that rising insurance premiums may be due to industry practices rather than lawsuits alone.
One area where both sides might agree is increasing oversight of third-party lawsuit financing. Many states, including Indiana, Louisiana, and West Virginia, have passed regulations to prevent financial abuse by outside investors seeking to profit from personal injury claims.
What’s Next?
With Kemp threatening a special legislative session if the bills don’t pass by April, the debate over lawsuit limits will likely continue in the coming weeks. While businesses and insurance companies push for reform, consumer rights advocates and trial lawyers will fight to ensure that individuals can still seek fair compensation.
The outcome of this legal battle could have a lasting impact on Georgia’s legal system, insurance costs, and access to justice for residents. Whether Kemp’s plan will pass remains to be seen, but it is already shaping up to be one of the most debated topics of the 2025 legislative session.
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