Split trials after SB 68
Either side can ask to try fault first and damages second.
Last updated: October 6, 2026
What changed
In injury and wrongful death cases, either party can make a written demand to split the trial: the jury first decides fault and how it is divided, then hears damages. Punitive damages and attorney fees come after that. The court may deny the request in limited situations, such as when the amount in controversy is below $150,000 or in certain sexual-offense cases.
The defense demands a split trial. The jury first decides whether the trucking company was at fault and by what percentage. Only if there is liability does the same jury then hear evidence about the injuries and losses.
Illustration only, with made-up facts. Your case depends on its own facts.
Questions
Why does this matter?
It changes how a trial is presented. Jurors may decide fault before hearing the full human impact of the injuries.
Official sources
Look up each section in the Official Code of Georgia Annotated (free public access). Laws change; always read the current text.
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