Providing helpful free information about Georgia’s personal injury laws.

Bifurcated Trials in Georgia Injury Cases (SB 68)

  • Home
  • Bifurcated Trials in Georgia Injury Cases (SB 68)

Since April 21, 2025, any party in a Georgia bodily injury or wrongful death case can demand a “bifurcated” trial. That means the jury first decides who was at fault. Only if it finds a defendant at fault does it hear evidence about the dollar value of the injuries. The court can refuse the split only in two narrow situations.

What the Law Says

O.C.G.A. § 51-12-15, created by Section 8 of Senate Bill 68 (2025), states:

(a) In any action to recover damages for bodily injury or wrongful death, any party may elect, by written demand prior to the entry of the pretrial order, to have fault and any award of damages determined at trial in the following manner:

(1) In the first phase of the trial, the trier of fact shall determine the fault of each defendant, and if the trier of fact finds that any defendant is at fault for the plaintiff’s injuries or wrongful death, the trier of fact shall further determine through an appropriate form of the verdict the percentages of fault of all persons or entities that contributed to such injuries or wrongful death as provided in Code Section 51-12-33, prior to any determination of the total amount of damages to be awarded, if any such findings are required. The evidence and arguments of counsel in the first phase of the trial shall be limited to the issues provided for in this paragraph;

(2) If the trier of fact finds in the first phase of the trial that any defendant is at fault for the plaintiff’s injuries or wrongful death, the trial shall be recommenced immediately with the same judge and the same jury. In the second phase of the trial, the trier of fact shall determine all compensatory damages to be awarded to the plaintiff, if any, and the evidence and arguments of counsel shall be limited to this issue; and

(3) If the trier of fact finds in the second phase of the trial that any compensatory damages are to be awarded to the plaintiff, the trial may be recommenced immediately with the same judge and the same jury for such further proceedings as may be required, including, but not limited to, proceedings provided for in subsection (d) of Code Section 51-12-5.1 concerning punitive damages and proceedings to determine liability for, and the amount of, any attorney’s fees, court costs, or expenses of litigation that may be awarded by the trier of fact as provided by law.

(b) The court may reject an election by any party made pursuant to subsection (a) of this Code section and order the concurrent trial of fault and damages only upon motion by any party in opposition to such election and upon the court’s determination that:

(1) The plaintiff, or if the plaintiff is the legal guardian of a minor, the minor, was injured by an alleged sexual offense and would be likely to suffer serious psychological or emotional distress as a result of testifying more than once in a bifurcated proceeding; or

(2) The amount in controversy is less than $150,000.00.

You can read the full statute on the Georgia General Assembly’s official code site. The 2025 changes come from Senate Bill 68 (2025).

In Plain English

“Bifurcated” means split in two. In a normal trial, the jury hears everything at once. It hears about how the crash happened and how badly you were hurt. Then it decides both fault and money in one verdict. In a bifurcated trial, those questions are separated.

This law lets “any party” demand the split. In practice, defendants and their insurers usually want it. They worry that a jury moved by painful injury evidence will find fault where there is none. Plaintiffs sometimes want it too, but less often.

The demand must be in writing. It must be made before the “pretrial order” is entered. The pretrial order is a document the judge signs near the end of the case that sets the rules for trial. Miss that deadline and you lose the right to demand a split.

Here is how the phases work. In phase one, the jury decides only fault. The “trier of fact” is the jury, or the judge if there is no jury. If the jury finds a defendant at fault, it also assigns percentages of fault to everyone who contributed. That includes the plaintiff and even people who are not parties. This uses Georgia’s apportionment law, O.C.G.A. § 51-12-33. Evidence in phase one is limited to fault. Your lawyer cannot show the jury your medical bills or talk about your pain yet.

If no defendant is found at fault, the trial ends. You lose. If a defendant is found at fault, phase two starts “immediately” with the same judge and jury. Now the jury hears about your injuries and decides “compensatory damages.” Those are the damages meant to make you whole, like medical bills, lost wages, and pain and suffering.

If the jury awards compensatory damages, a third phase may follow. This is where the jury decides punitive damages, attorney fees, and litigation costs, if the law allows them in your case.

Subsection (b) gives the court only two reasons to refuse a split. First, if the plaintiff was injured by an alleged sexual offense and would suffer serious distress from testifying twice. Second, if the amount in controversy is less than $150,000. In both cases, someone must file a motion opposing the split. The judge cannot refuse on his or her own.

Section 9 of SB 68 says this section applies to cases pending on April 21, 2025, unless that would be unconstitutional. It applies to cases filed after that date as well.

Example

Kevin was hit by a distracted driver in Gwinnett County. He had $180,000 in medical bills and lost his job. The other driver claims Kevin cut him off. Kevin sues.

Before the pretrial order, the driver’s lawyer files a written demand for a bifurcated trial. Kevin’s lawyer objects. But the case is worth more than $150,000, and it does not involve a sexual offense. The judge must grant the split.

In phase one, the jury hears only about how the crash happened. They see the police report, dash cam video, and witness testimony. Kevin’s lawyer cannot mention the $180,000 in bills. The jury finds the other driver 80 percent at fault and Kevin 20 percent at fault.

Phase two starts right away. Now the jury hears from Kevin’s doctors and sees his bills. They award $400,000 in compensatory damages. Under Georgia’s apportionment law, that award is reduced by Kevin’s 20 percent share to $320,000.

If Kevin had claimed only $90,000 and the driver demanded a split, Kevin’s lawyer could have filed a motion opposing it. The judge could then deny the split because the amount in controversy is under $150,000.

Key Points to Remember

  • Any party in a bodily injury or wrongful death case can demand a two-phase trial.
  • The demand must be in writing and filed before the pretrial order is entered.
  • Phase one decides fault and percentages of fault. Evidence is limited to those issues.
  • Phase two, on damages, happens only if a defendant is found at fault. It uses the same judge and jury.
  • A third phase may cover punitive damages, attorney fees, and costs.
  • The court can refuse the split only for alleged sexual offense victims at risk of serious distress or cases worth less than $150,000.
  • The rule took effect April 21, 2025 and applies to pending cases unless a court finds that unconstitutional.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.