Recent tort reform statutes have resulted in new procedural rules that apply to civil trials in Georgia. The mandatory bifurcation of trials, mandated by Georgia O.C.G.A 51-12-15, impacts many high-stakes injury cases. If the plaintiff in the case is seeking more than $150,000 in damages for catastrophic injuries or wrongful death, the defense can require that the trial be split into two stages. The court’s use of this procedural rule changes how evidence is presented to the jury and how fault is determined.
Splitting a Trial Between Liability and Damages
Bifurcation requires the jury to review the case through two separate lenses. In the first stage of a trial that has been bifurcated, the jury only considers evidence about the defendant’s liability for the accident. During this first stage, medical charts and records, calculations of future medical needs and the personal and emotional ramifications of the injury cannot be presented.
If the jury concludes there was no defendant liability, the case will end at that point and the defendant will prevail. However, if the jury decides that the defendant was liable, the case then moves on to a second phase of the trial where the same jury hears evidence concerning the plaintiffs damages, including medical costs and expenses, loss of earnings, and pain and suffering.
Changing Dynamics for Defendants and Plaintiffs
By using the bifurcation process, many corporate defendants and insurance carriers seek to remove emotional factors from the jury’s consideration during the first part of the trial. Without access to the catastrophic injury evidence, the jury will not be swayed by images and testimonies of the devastating impact of the injury and thus can determine liability solely on the material facts of the event.
For injury victims, the bifurcation of trials presents numerous challenges in terms of preparation, scheduling, costs and litigation of the case. When litigating under this framework, an attorney must develop a first stage claim that is supported by data and concrete proof. It is essential to be able to prove negligence and liability solely on mechanical evidence and hard facts like black box data, maintenance logs, or video evidence of the accident and not on the severity of the resulting injury. Atlanta car accident lawyers are adept at finding and utilizing such objective data during the discovery process.
Financial Thresholds for Bifurcated Trials
It is important to understand that not every civil dispute, or small claim matter, is automatically bifurcated. It requires specific action by the defendant early in the proceedings to seek this process, pursuant to O.C.G.A 51-12-15. In addition, not all claims can be bifurcated; only those meeting specific financial thresholds, or the claims which specifically involve punitive damages, among other qualifications.
The Silence on Financial Discussion
The bifurcation rule doesn’t operate in a vacuum. It pairs directly on how attorneys present numbers to juries. Since the trial is split, phase one may not include any financial discussion. A plaintiff’s counsel can’t request specific recovery amounts or suggest figures during initial openings. Every sentence must point to the physical event, how the parties conducted themselves, and the chain of causation.
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