Medical Bills
Under the new law, juries can now see only the actual amounts paid for your medical care—not the full amounts billed. This change benefits insurance companies and defendants by reducing the damages they owe. If your hospital billed $100,000 but your insurer paid $20,000, the jury sees only the $20,000. This approach ignores the true cost of your care and the burden you bear.
A Higher Bar for Property Owner Liability
If you were hurt due to a crime on someone else’s property, like at an apartment complex or hotel, you now have to prove the owner knew about prior similar incidents nearby and failed to act. This standard makes it harder to hold property owners accountable for failing to provide adequate security. Victims of violence, including sexual assault and human trafficking, may find it more difficult to seek justice under these new requirements.
Trials Split in Two: Fault First, Then Damages
Courts can now split trials into two phases: one to determine who’s at fault, and another to assess damages. This bifurcation can delay your case and complicate proceedings. In certain cases, such as those involving sexual offenses or claims under $150,000, judges may choose to keep trials unified to prevent additional trauma to victims.
Seatbelt Use Is Now Admissible
In car accident cases, whether you were wearing a seatbelt can now be used as evidence. This information can influence how much compensation you receive. Even if the other driver was at fault, not wearing a seatbelt could reduce your damages and tip things out of your favor.
Attorney’s Fees: No More Double Recovery
The new laws prevent plaintiffs from recovering attorney’s fees more than once for the same case. This change aims to eliminate “double-dipping” but may also discourage attorneys from taking on complex or risky cases, potentially limiting access to legal representation for some victims.
Civil Procedure Creating New Hurdles for Plaintiffs
Defendants can now file a motion to dismiss instead of an answer, potentially delaying discovery and increasing litigation costs for plaintiffs. Additionally, plaintiffs can no longer voluntarily dismiss and refile cases without restrictions, a tactic previously used to seek more favorable jurisdictions. These procedural changes can make it more challenging for victims to pursue their claims effectively.
Third-Party Litigation Funding: Stricter Oversight
Entities providing funding for litigation must now register with the state and are prohibited from influencing litigation strategy or outcomes. This measure aims to increase transparency and prevent potential conflicts of interest but may also limit access to necessary funding for some plaintiffs.
Act Now: Your Rights Are at Stake
Most of these changes apply to cases filed on or after April 21, 2025. If you’ve been injured, time is critical. To protect your rights and pursue the compensation you deserve, contact Robin Frazer Clark, P.C. at (404) 873-3700. We’re here to fight for you.