Jenny Hergenrother, a partner at Alston & Bird, LLP, has emphasized the importance of tort reform measures as a critical step in addressing concerns over excessive damages awards in Georgia. She made her statement in a February 14 post.
"Although many of the tort reform measures outlined in the bill will likely face stark opposition from the plaintiffs' bar, they are a crucial first step toward addressing what some believe are excessive damages awards in Georgia," said Hergenrother. "But even if the key provisions of SB 68 become law, there is still work to be done in the state on other aspects of tort reform."
According to an analysis posted on the Alston & Bird website, Hergenrother said Senate Bill 68 aims to reform personal injury and wrongful death litigation. The bill passed the Senate Judiciary Committee on February 11. Key provisions include restrictions on "anchoring" noneconomic damages, prohibitions on recovering "phantom" damages, and provisions allowing bifurcated trials. These measures are designed to limit excessive jury awards and streamline legal proceedings.
On February 7, 2025, Protecting American Consumers Together (PACT) released a poll showing that 72% of Georgia voters believe lawsuit abuse contributes to rising costs of goods and services. The survey, conducted by Public Opinion Strategies from February 2-5, 2025, also found that 85% of voters consider it important for the Legislature to address lawsuit abuse to eliminate hidden taxes on consumers. Additionally, 82% of those who have used personal injury lawyers support reforms to the current system.
A study released by the U.S. Chamber of Commerce Institute for Legal Reform on January 24 found that rising tort costs in Georgia are placing a growing financial burden on households, impacting insurance premiums and the overall cost of living. In 2022, the state’s tort costs reached nearly $20 billion, averaging over $2,000 per household. These expenses stem from civil litigation, claim compensation, and administrative costs.
According to a February 18 post on InsuranceRateReporter.com, a survey by the American Property Casualty Insurance Association (APCIA) and Munich Re US found that plaintiff lawyer tactics contribute significantly to rising insurance costs. The survey indicates that these practices have an estimated $529 billion impact on the U.S. economy.
Hergenrother is a trial attorney specializing in products liability, toxic torts, and complex litigation. She represents industrial and manufacturing clients in catastrophic injury cases and mass actions.