Governor Kemp prioritizes tort reform this year - here's what it means for Georgia

Tort reform has been a political hot potato for years as trial lawyers and businesses hit with lawsuits  duke it out in court, often for years.

“It’s like the Hatfields and McCoys,” one longtime observer said. 

In simplest terms, tort is a wrongful act, such as a car accident or medical injury, that leads to a lawsuit. It covers everything from slip-and-falls to medical malpractice to product and premise liability.

In 2005, Georgia lawmakers passed legislation that capped noneconomic damages — compensation for intangible losses that are difficult to quantify in monetary terms, such as the emotional, physical, and psychological toll of an injury — in medical malpractice cases at $350,000 per provider and $1.05 million total for all defendants in a case. 

The cap was intended to prevent runaway jury awards and improve the legal process.

Yet in 2010, the Georgia Supreme Court ruled the cap on noneconomic damages unconstitutional, creating a significant shift in the state’s legal landscape. It restored juries’ ability to set damages based on the specifics of each case.