People often get hurt when a crime is committed. Criminal prosecutions are meant to punish the perpetrator and discourage copycats, but they will usually not compensate the victims for their loss. Civil lawsuits can compensate crime victims, but a new wave of “reform” to personal injury law may further victimize those who have already been hurt.
Georgia passed a comprehensive bill for further tort reform to the state’s civil law system. Governor Kemp signed the bill on April 21, 2025, passing the bill into law. Tort reform proponents claim the changes are necessary to return “stability” to Georgia’s insurance marketplace and prevent frivolous lawsuits against the state’s businesses.
Proponents claim the omnibus bill would ensure a greater balance between plaintiffs and defendants during personal injury trials. The proposed law would limit owners’ liability for injuries that occur on their property, restrict damage
s awarded for medical bills, and enable trials to more easily be split into multiple stages so that juries can determine liability and damages separately. Although the bill contains greater protections for survivors of human traffickers, it doesn’t extend the protections to victims of child, elderly, or sexual assault.
The bill passed the state house, though with a mix of some Republicans voting against the bill and some Democrats voting in favor of it.
However, the tort reform bill coincides with a Tampa Bay Times and Miami Herald investigation, which found that insurance companies in Florida had misled Florida lawmakers. Insurance companies had urged Florida state legislators to pass bills limiting lawsuits due to financial hardship while illegally giving money to investors and subsidiaries. Florida’s Office of Insurance Regulation was aware of such actions but never alerted legislators.
Crime Victims in Personal Injury Cases
Criminal and civil justice systems are distinct from each other. This means that the outcomes for each system can be different from one another. A defendant must be found guilty beyond a reasonable doubt in the criminal justice system. This standard may lead to a defendant being found non-guilty even if there is some evidence that the defendant may be guilty. However, most states only require that a defendant be found liable with clear and convincing evidence in the civil system.
The new bill in Georgia would impose further obstacles on potentially most, if not all, personal injury cases. Restrictions on medical bill damages and enabling bifurcation of trials would potentially limit all personal injury suits. This would include cases where crime victims could be impacted. However, crime victims are the most vulnerable to harm. Not only do crime victims have to deal with physical injury, they also have to deal with the fact another human being likely intended them harm on top of the injuries.
The difficult part in every state, though, is connecting the crime to a business. If a company’s employee committed an assault or other crime, that connection is easier. It would be more difficult connecting a third party to a business.
For instance, if a burglar breaks into an apartment and steals all of the residents’ belongings, there may be questions about whether the landlord provided adequate security. However, no one would blame the landlord for the thefts unless the burglar had an actual relationship with the landlord. In these cases, a state may close off liability as a matter of law for the landlord.
Likewise, the owner of a bar or a baseball field may be protected by the state if a fight breaks out between two or more spectators. The owner may have no direct liability other than the fact they own the property. States like Georgia may be within their rights to cut off liability for those owners who have no active role in the crime. Although it is important for crime victims to be compensated, that compensation should come from those directly response or from the state itself. People should not be punished for a crime they did not commit, even in the realm of civil law.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.
