Governor Kemp recently unveiled his 2025 tort reform package, introducing Senate Bills 68 and 69, which propose significant changes to Georgia’s legal landscape. These bills, now publicly available, aim to address various aspects of tort law, including the collateral source rule, negligent security, and litigation financing.

These bills are not the tort reform Georgia needs. Here’s why.

Abolishing the Collateral Source Rule for Medical Bills

One of the most concerning proposals is the abolition of the collateral source rule regarding medical expenses. Under the new law, plaintiffs with health insurance would be limited to recovering only the amounts paid by or on behalf of the plaintiff to healthcare providers, as well as any amounts necessary to satisfy incurred but unpaid charges. This means that insured individuals could claim less in damages than uninsured individuals, despite having paid substantial premiums for their coverage. Most of the time, you will find me fiercely defending the rights of those who are uninsured or underinsured, but this change creates a disparity that unfairly penalizes those who actually have health insurance.

Negligent Security

The proposed reforms also impose stricter standards for proving foreseeability in negligent security cases. Plaintiffs would need to demonstrate that the property owner had a “particularized warning” of an imminent crime or, by “clear and convincing evidence,” that the owner should have known a crime was likely based on prior occurrences of “substantially similar” crimes on or near the premises. Additionally, the crime must have resulted from a specific and known physical condition of the property that created a risk greater than general crime risks in the area, and the owner or occupier must have known of the physical condition and failed to remedy it. These heightened requirements make it exceedingly difficult for victims to hold property owners accountable, effectively shielding negligent parties from liability.

Litigation Financing

Senate Bill 69 targets litigation financing, which is a means in which plaintiffs secure funding for legal expenses. The bill proposes stringent regulations that could limit access to this critical resource, thereby discouraging individuals from pursuing legitimate claims due to financial constraints. This move disproportionately affects those with limited means, undermining the principle of equal access to justice.

The Tort Reform Georgia Actually Needs

As someone who has long advocated for efficient government solutions and accountability, I believe that any attempt to reform our state’s legal system should prioritize fairness, access to justice, and the rights of the people over corporate interests. Unfortunately, the tort reform package recently put forward by Governor Kemp does not meet these critical standards.

Governor Kemp’s push for tort reform is to curb what some call “runaway verdicts,” but these bills miss the mark. The reality is that large verdicts often result from insurance companies’ refusal to settle cases fairly and quickly, leaving plaintiffs to wait for years while they endure financial and emotional suffering.

It is evident that Governor Kemp’s tort reform package prioritizes corporate interests over the rights of individuals. By imposing stricter evidentiary standards, limiting recoverable damages, and restricting litigation financing, these proposals create significant barriers for legitimate plaintiffs seeking justice. And for those who are already struggling, these additional barriers could make the system even more inaccessible.

True tort reform should focus on creating a more efficient, fair, and accessible legal system—one that simplifies the process and reduces unnecessary litigation costs. It should not be about protecting the interests of large corporations at the expense of the injured and the vulnerable. Instead, we need a system that holds corporations accountable for their actions and ensures that victims are compensated swiftly and fairly. Governor Kemp’s proposal, in its current form, does nothing to achieve that. And in fact, it does nothing to address the real issue: the insurance companies that profit from delays and deny timely payouts to those who desperately need care.

What I’m advocating for is a legal system where the injured aren’t punished by lengthy legal battles, where victims are not left waiting years for compensation, and where healthcare providers—especially those serving the uninsured and underinsured—are paid in a timely manner. By simplifying the process and reducing barriers to justice, we can ensure that the legal system serves the needs of all, not just the wealthy and powerful.

Rather than supporting Governor Kemp’s tort reform package, which I believe ultimately tilts the balance in favor of corporations, I propose a system where access to justice is expanded, efficiency is improved, and accountability is restored. This is the kind of reform that will benefit the people of Georgia and ensure that our legal system works for everyone.