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Started By
Message
La. Tort Reform 2025
Posted on 4/7/25 at 11:11 am
Posted on 4/7/25 at 11:11 am
I just looked through the proposed bills. Some interesting stuff in there including:
UM venue - Parish of tortfeasor or Parish where accident occurred unless it's a claim solely against the UM carrier.
Revisionary trust for future meds
No-pay no-play increase to $100K
Limit on atty fees for small policies
Damages cap
Collateral source again
Edited to add:
contributory negligence for plaintiffs over 50% at fault. i.e. no recovery
UM venue - Parish of tortfeasor or Parish where accident occurred unless it's a claim solely against the UM carrier.
Revisionary trust for future meds
No-pay no-play increase to $100K
Limit on atty fees for small policies
Damages cap
Collateral source again
Edited to add:
contributory negligence for plaintiffs over 50% at fault. i.e. no recovery
This post was edited on 4/7/25 at 1:18 pm
15
Posted on 4/7/25 at 11:14 am to AlxTgr
Posted on 4/7/25 at 11:19 am to TIGERHOLD
quote:This is what I expect. But maybe the UM and collateral source ones?
Not happening.
Posted on 4/7/25 at 11:22 am to AlxTgr
Think of all the hurt people who can't get policy limits for minor fender benders everyone drove away from if this passes!
Posted on 4/7/25 at 11:25 am to AlxTgr
quote:
No-pay no-play increase to $100K
Oh boy
quote:
Limit on atty fees for small policies
Wow
quote:
Damages cap
Wait, how?
quote:
UM venue - Parish of tortfeasor
Can you explain the theory behind this? They're removing the parish of the incident?
Posted on 4/7/25 at 11:25 am to AlxTgr
Y’all aren’t getting the message. “Tort Reform” in Louisiana means making it easier and more profitable for the Plantiffs’ Bar to sue the hell out of every business in the State.
Posted on 4/7/25 at 11:27 am to SlowFlowPro
quote:I was typing fast and was unclear. Terrible really. The big change is no more suit in Parish of plaintiff when the accident occurred elsewhere unless the suit is against the insurer alone. So, no, not removing Parish of the incident.
UM venue - Parish of tortfeasor
Can you explain the theory behind this? They're removing the parish of the incident?
Posted on 4/7/25 at 11:31 am to AlxTgr
OK I was just curious. I don't really do this stuff anymore so I had forgotten you could do UM in the plaintiff's domicile.
I have to imagine it's largely a nothingburger because an insanely high % of cases will be people from the same nucleus of parishes, and since the Defendant is the one unlikely to have proper UM, they're also more likely to be poor and from the "bad" jurisdictions (More urban ones like Orleans/EBR).
I have to imagine it's largely a nothingburger because an insanely high % of cases will be people from the same nucleus of parishes, and since the Defendant is the one unlikely to have proper UM, they're also more likely to be poor and from the "bad" jurisdictions (More urban ones like Orleans/EBR).
Posted on 4/7/25 at 11:33 am to AlxTgr
I’m sure this time rates will really come down, right?
Posted on 4/7/25 at 11:36 am to boosiebadazz
What does the domicile of the tortfeasor have to do with UM
I am suing my insurance company for benefits I paid for under contract. Not sure what the domicile of the tortfeasor matters or whether a jury would care that much.
I am suing my insurance company for benefits I paid for under contract. Not sure what the domicile of the tortfeasor matters or whether a jury would care that much.
This post was edited on 4/7/25 at 1:11 pm
Posted on 4/7/25 at 11:38 am to SlowFlowPro
quote:It's actually huge. If not only for Avoyelles.
I have to imagine it's largely a nothingburger
Posted on 4/7/25 at 12:06 pm to SlowFlowPro
No, removing the parish of the plaintiff’s domicile based on the contract exception. This would be a meaningful change actually.
Posted on 4/7/25 at 12:06 pm to AlxTgr
quote:
It's actually huge. If not only for Avoyelles
This^
Posted on 4/7/25 at 12:11 pm to AlxTgr
quote:
It's actually huge. If not only for Avoyelles.
You have to explain
I think I've only stepped foot in that parish once to file something in tribal court or something random.
Posted on 4/7/25 at 12:12 pm to AlxTgr
Supposedly Governor “trial lawyer“ Landry is going to have a press conference on Wednesday where he announces his insurance reform package.
I’m a little bit scared…
I’m a little bit scared…
Posted on 4/7/25 at 12:19 pm to SlowFlowPro
quote:
You have to explain
Avoyelles Parish puts the "hell" in judicial hellhole, in terms of ridiculous monetary awards and judicial rulings.
Posted on 4/7/25 at 12:25 pm to ItTakesAThief
quote:If it's just a UM suit, then it can be brought in the plaintiff's domicile. This prevents the at-fault driver from being sued in the plaintiff's Parish when the accident didn't occur there.
What does the domicile of the tort dead or have to do with UM
I am suing my insurance company for benefits I paid for under contract. Not sure what the domicile of the tortfeasor matters or whether a jury would care that much
Posted on 4/7/25 at 12:28 pm to Carlos the Tiger
I'm sure Jeff and Gordon worked out a handshake deal in the hunting lodge over the weekend.
All you people who think none of this will matter for insurance rates are wrong. You have just never seen real tort reform. Nor will you ever in this viper pit of a state. The concern has never really been about victims' rights. It's about maximizing recovery for the plaintiff's bar.
All you people who think none of this will matter for insurance rates are wrong. You have just never seen real tort reform. Nor will you ever in this viper pit of a state. The concern has never really been about victims' rights. It's about maximizing recovery for the plaintiff's bar.
Posted on 4/7/25 at 12:34 pm to Slippy
quote:
I'm sure Jeff and Gordon worked out a handshake deal in the hunting lodge over the weekend.
All you people who think none of this will matter for insurance rates are wrong. You have just never seen real tort reform. Nor will you ever in this viper pit of a state. The concern has never really been about victims' rights. It's about maximizing recovery for the plaintiff's bar.
Yep.
50%+1 contributory negligence bar will never fricking happen.
Collateral source and reversionary trust for past and future specials needs to happen.
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