Governor Kemp Enacts Comprehensive Tort Reform Bill to Curb ‘Frivolous’ Lawsuits
Governor Kemp Enacts Comprehensive Tort Reform Bill
Overview
Georgia Governor Brian Kemp has signed a new tort reform bill aimed at reducing the number of “frivolous” lawsuits in the state. The bill, which has been in the works for several years, includes a variety of measures to streamline the legal process and protect businesses from excessive litigation.
Key Points
- The bill includes a cap on non-economic damages in medical malpractice cases, limiting them to $400,000 per defendant and $1.2 million overall.
- It also requires plaintiffs to provide a detailed affidavit from a medical expert before filing a medical malpractice lawsuit.
- The bill creates a “loser pays” system, where the losing party in a lawsuit must pay the other side’s legal fees.
- Additionally, the bill allows for the dismissal of lawsuits deemed to be without merit, and requires plaintiffs to pay a bond to cover the defendant’s legal fees if the case is dismissed.
Impact
Proponents of the bill argue that it will help reduce the number of frivolous lawsuits and lower insurance costs for businesses. However, critics argue that it will limit access to justice for those who have been wronged and make it more difficult for individuals to hold corporations accountable for their actions.
Conclusion
Governor Kemp’s tort reform bill has sparked debate and controversy, with supporters and opponents both citing potential benefits and drawbacks. Only time will tell how the new measures will impact the legal landscape in Georgia.