In a recent interview with Law360, Barbara Marschalk shared her insights on the proposed tort reform package in Georgia. The reform, heavily pushed by Governor Brian Kemp, aims to address various legal issues, including premises liability, litigation funding, and legal procedures. In the interview, she emphasized that the proposed reforms are not as sweeping as the plaintiffs’ bar suggests. Instead, she views them as a necessary leveling of the playing field, especially after previous tort reform provisions were deemed unconstitutional.
Barbara expressed her concerns about the plaintiffs’ attorneys’ tactics of “anchoring” juries to imaginary or irrelevant sums. One of the most critical aspects of the bill, according to Barbara, is the elimination of “phantom damages.” She argued that it is unfair for plaintiffs to claim damages based on the listed price for medical care, which often exceeds the amount actually paid by insurance providers.
As the legislative session progresses, Barbara anticipates a fierce lobbying battle between the plaintiffs’ bar and business advocacy groups. The outcome of this debate will significantly impact personal injury lawsuits in Georgia.
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