Understanding Comparative Negligence in Georgia
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes explains Georgia’s modified comparative negligence law, which affects how fault is determined in personal injury
Tort Reform Unpacked — What It Is, Why It Matters, and Who's Impacted
Peachtree Injury Talk with Jordan Jewkes
Tune In to Peachtree Injury Talk!
Tort Reform Unpacked — What It Is, Why It Matters, and Who’s Impacted
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes tackles the hot topic of tort reform in Georgia. What exactly is tort reform, and why does it matter to you? Jordan breaks down the basics, explaining how legislative changes could impact the rights of individuals seeking compensation for injuries. The discussion explores key players behind tort reform—including insurance companies, pharmaceutical companies, and large corporations—and how their influence shapes these laws. Jordan also sheds light on the McDonald’s hot coffee case, a landmark lawsuit often used to justify tort reform. The conversation then turns to real-world impacts, using Texas as a case study to determine whether tort reform has achieved its promised outcomes, such as lower insurance premiums.
Throughout the episode, Jordan shares his perspective on why tort reform often benefits large corporations at the expense of individual rights and access to fair compensation. The episode concludes with a discussion on the broader implications of these laws, particularly for marginalized communities and individuals who suffer life-changing injuries.
| 00:00 | Narrator: Welcome to Peachtree Injury Talk with attorney Jordan Jewkes. |
| 00:05 | Kevin Rosenquist: Hello and welcome to Peachtree Injury Talk with Jordan Jewkes. Jordan strives to give injured victims a voice and provide strong advocacy against an often broken system. I’m your host, Kevin Rosenquist, and today’s episode is all about a hot topic in Georgia—tort reform. Jordan, welcome back. It’s been a bit. |
| 00:25 | Jordan Jewkes: Hey, Kevin. Thank you for having me. Excited to talk about this today and excited to be here. |
| 00:30 | Kevin Rosenquist: Alright, I’m not going to lie—I don’t know what tort reform is. So could you tell me what it is and why it’s such a hot topic right now? |
| 00:37 | Jordan Jewkes: Kevin, you're not alone. Most people don’t know what tort reform is, so don’t feel bad. Tort reform is something you hear in the news a lot. Our governor here in Georgia is making a very vocal push for it. So I love the idea of talking about it and giving some facts and data—hopefully objectively. Obviously, I have some biases, but today we can hopefully explain what it is in a way the average listener can understand. Tort reform became popular in the late '90s and early 2000s. It tends to be a more conservative movement, where legislators, business owners, and insurance companies say, “Hey, we need to curtail runaway or nuclear verdicts from juries.” The idea is that by putting limits on lawsuits, especially so-called “frivolous lawsuits,” we’ll improve insurance rates and strengthen the business climate in the state. |
| 01:46 | Kevin Rosenquist: What kind of impact does that have on the average person? |
| 01:50 | Jordan Jewkes: Great question. Whether you’re for or against tort reform, the important thing is understanding how it could affect you as a citizen and taxpayer. Proponents claim tort reform will lower your insurance premiums—make your monthly car insurance cheaper—and improve the business environment by protecting companies from massive jury verdicts. You’ll hear phrases like, “Georgia’s become a judicial hellhole,” meaning that juries are handing out massive verdicts that hurt business. On the other hand, people who are injured through no fault of their own often rely on the court system as their only path to fair compensation. If tort reform is enacted, it could significantly limit your ability to recover damages through an insurance claim or a lawsuit. |
| 03:14 | Kevin Rosenquist: So is it basically insurance companies saying, “Hey, we’re not making enough money”? |
| 03:18 | Jordan Jewkes: In a way, yes. When you pull back the curtain on tort reform, there are generally three major players behind it: insurance companies, pharmaceutical companies, and big tobacco. You’ll also see broader corporate support, often through groups like the Chamber of Commerce. Insurance companies are at the forefront because they’re the ones who typically pay out when big jury verdicts come down. So they want laws in place that limit what they might have to pay. |
| 04:11 | Kevin Rosenquist: You mentioned “nuclear” or “runaway” verdicts earlier. Can you give a real-life example of that? |
| 04:18 | Jordan Jewkes: Sure. Probably the most famous example is the McDonald’s hot coffee case from Texas. A woman ordered coffee at a drive-thru, it spilled on her, and she suffered severe burns. The jury awarded her a multi-million dollar verdict. That case became the poster child for tort reform. People heard the headline—“Lady spills coffee and wins millions”—and thought it was ridiculous. But if you look closer, the burns were very serious, and the jury didn’t just compensate her for her injuries. They punished McDonald’s because it had prior knowledge that the coffee was dangerously hot and had received multiple complaints about it. The jurors later said they were sending a message to McDonald’s to change its practices. And even then, the judge reduced the award afterward. |
| 06:23 | Kevin Rosenquist: Are there states that have enacted tort reform? Has it worked? |
| 06:30 | Jordan Jewkes: Yes, Texas is a major example. They enacted tort reform in the early 2000s. Georgia actually passed its own version in 2005, putting caps on medical malpractice damages, but in 2010, the Georgia Supreme Court ruled that law unconstitutional. In Texas, we’ve seen what happens post-reform. Insurance premiums were supposed to drop—but the data shows they’ve continued to rise. So the central promise of tort reform—lower premiums—hasn’t really panned out. |
| 07:24 | Kevin Rosenquist: Not surprising. If they’re not paying out as much and premiums are still going up, that feels pretty telling. |
| 07:37 | Jordan Jewkes: Exactly. Insurance companies are for-profit entities. So if their costs go down, that doesn't mean your premium will. And only a small portion of their costs come from jury verdicts anyway. There are wildfires in California, hurricanes in Florida—these kinds of disasters affect insurance more than jury trials do. But jury trials are easier to blame. |
| 08:43 | Kevin Rosenquist: Who are the main opponents of tort reform? |
| 09:05 | Jordan Jewkes: Trial lawyers, for one—but more importantly, everyday citizens who have been injured. Most people don’t think much about the court system until they really need it. But once you’ve been hurt and try to get help, you realize how important it is to have access to a fair trial. Yes, we all want common-sense laws. But tipping the scales in favor of corporations and insurers at the expense of individual rights? That’s a slippery slope. |
| 12:40 | Kevin Rosenquist: Especially with the way wealth is concentrated these days. I can’t imagine many average folks would be in favor of it—unless they’re promised lower insurance premiums. |
| 12:48 | Jordan Jewkes: You’re right. The buzzwords—“lower insurance,” “judicial hellhole,” “frivolous lawsuits”—they’re persuasive. But when people actually dig into the details, they realize tort reform takes away more than it gives. That’s why, despite being discussed every year, Georgia hasn’t passed a new version of it. |
| 13:43 | Kevin Rosenquist: Yeah, you say “lower insurance” and people are going to listen. But if the data shows it doesn’t actually work... |
| 13:52 | Jordan Jewkes: Right. It's great political messaging. But again, Georgia doesn’t have a massive volume of multi-million dollar verdicts. And when those do happen, it’s usually because there’s been egregious behavior by the defendant or extreme injuries. One example—there was a young primary care doctor who had a heart procedure. The surgeon made an error that left him unable to work. He sued, but the state had a cap—he could only recover a million dollars, despite losing his entire career and future earnings. That’s the dark side of tort reform. It punishes severely injured people—especially young people or those with high future potential. |
| 14:16 | Kevin Rosenquist: Roughly what percentage of your cases actually go to trial? |
| 14:21 | Jordan Jewkes: Probably 2 to 3 percent. Most cases settle. |
| 14:51 | Kevin Rosenquist: And one argument for tort reform is that it would encourage more settlements. Does that hold up? |
| 14:54 | Jordan Jewkes: Not really. If you restrict a person’s right to trial, it actually makes insurance companies less likely to settle fairly. Why would they offer a reasonable settlement if they know you can’t get a fair hearing in court? So that argument kind of falls apart. |
| 14:59 | Kevin Rosenquist: Especially when 98% of cases are already settling. That point seems kind of weak. |
| 15:09 | Jordan Jewkes: Right. And again, the big verdicts we see in Georgia usually involve very serious injuries or really bad conduct by the defendant. Tort reform ends up hurting people who are already suffering, while the insurance companies continue making billions. It just doesn’t achieve what it promises. |
| 17:13 | Kevin Rosenquist: Yeah, especially since every case is different. A one-size-fits-all cap doesn’t really make sense. |
| 17:30 | Jordan Jewkes: Exactly. And to your point, $1 million isn’t what it used to be. For some, it’s more than enough. For others, especially someone who loses decades of income and quality of life, it falls far short. |
| 18:11 | Kevin Rosenquist: Well, fascinating topic. Thanks again for joining us on Peachtree Injury Talk with Jordan Jewkes. If you’d like to get in touch with Jordan and his team, visit jewkesfirm.com (http://jewkesfirm.com). Please like and subscribe to the channel and leave us a review if you can. Jordan, thanks for all the info—really interesting stuff. |
| 18:31 | Jordan Jewkes: Always a pleasure. Thanks, Kevin. |
| 18:33 | Narrator: Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments. |
Podcast Topics
- What Does a Workers’ Compensation Lawyer Do?
- What is Workers’ Compensation?
- What is the State Board of Workers’ Compensation?
- Workers’ Compensation Lawyers Near Me
Peachtree Injury Talk
Peachtree Injury Talk is a podcast by Kevin Rosenquist featuring legal insights and practical advice from Georgia-based attorney Jordan Jewkes. The show focuses on personal injury law, offering listeners expert guidance on navigating insurance claims, understanding legal processes, and protecting their rights after an accident. Each episode dives into real-life case examples, common challenges injured individuals face, and actionable tips for dealing with insurance companies and legal hurdles.
What If It’s Partly Your Fault? Understanding Comparative Negligence in Georgia
Episode Summary
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes explains Georgia’s modified comparative negligence law, which affects how fault is determined in personal injury cases. If you’re 49% or less at fault, you can still recover damages—reduced by your fault percentage. But if you’re 50% or more at fault, you get nothing. Jewkes discusses how insurance companies manipulate fault assessments to avoid payouts, the importance of early evidence, and why experienced legal representation is crucial in shared-fault cases. He also breaks down complex scenarios like multi-vehicle and commercial accidents.
Timestamps
00:00 – Introduction to Comparative Negligence
00:31 – Georgia’s Modified Comparative Negligence Law
01:44 – Impact of Fault Percentage on Recovery
03:44 – Role of Jury and Insurance Adjusters
04:44 – Insurance Companies Manipulating Fault
06:11 – Evidence Gathering and Case Strategy
08:00 – Advising Clients on Fault Admissions
09:00 – Fairness and Challenges of the Law
11:20 – Complications with Commercial Vehicles
12:12 – Technology in Trucking and Rideshare Cases
13:01 – Multiple Vehicle Accidents and Fault Division
14:59 – Arbitration Between Insurance Companies
16:14 – When Lawsuits Become Necessary
16:40 – Closing Remarks and Contact Info
About the Show
Peachtree Injury Talk is hosted by attorney Jordan Jewkes, who is dedicated to giving injury victims a voice and fighting for their rights against an often unfair system. Each episode provides valuable legal insights and practical advice for those navigating personal injury claims.
Search Results placeholder
Listen to the Podcast
This show is designed to deliver general information regarding the law. Our guests will not provide tailored legal advice. If you have a personal issue and need legal support, get in touch with us for a free consultation with a Jewkes Firm attorney.
Stay Informed with The Jewkes Firm!
Subscribe to our newsletter for essential updates and expert legal advice.
Related Peachtree Injury Talk with Jordan Jewkes — Your Go-To Legal Podcast
The Hidden Costs of Personal Injury — How Medical Bills, Lost Wages, and Emotional Strain Add Up
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes breaks down the financial and emotional tolls of personal injury. From immediate and long-term medical
The Fine Line of Fault — How Comparative Negligence Shapes Your Personal Injury Case
In this episode of Peachtree Injury Talk, attorney Jordan Jewkes explores comparative negligence and its impact on personal injury cases in Georgia. Jordan breaks down
Tort Reform Unpacked — What It Is, Why It Matters, and Who’s Impacted
Welcome to Peachtree Injury Talk—your essential podcast for personal injury law.
Jordan Jewkes shares real-life cases, common pitfalls to avoid, and tips on securing the compensation you deserve.
Tune in to Peachtree Injury Talk.