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Started By
Message
Louisiana PI lawyers upset over new law
Posted on 7/14/25 at 11:10 am
Posted on 7/14/25 at 11:10 am
New law changes how people injured in car wrecks will be paid out in court
quote:
BATON ROUGE — Starting Jan. 1, 2026, a new law will change how medical bills from car crashes are handled in court.
Injured victims will only be allowed to sue for what was paid for, and not the full amount billed.
The CEO of Independent Insurance Agents and Brokers of Louisiana said this new bill allows injured persons to be made whole.
“The health provider billed you $100,000, and you only end up paying $30,000 because of a negotiated rate. So, you can recover that rate," Albright said. "You get your money back for what you’re paid. You just can’t get anything on top of that for special medical damages.”
Personal injury attorneys, like Chet Boudreaux with Gordon McKernan Injury Attorneys, say this bill does more harm than good for their clients.
"Some of these injuries that we see exceed a million dollars in medical bills. So when someone is seriously injured, or they need some of their maximum health insurance coverage later, some of that is going to get depleted because of the fault of someone else," Boudreaux said.
Albright said the new law is a step in the right direction, but there’s more work that needs to be done.
“If we want to pay lower auto rates – rates similar to other states – we need to address the legal system abuse issues and get the profit out of medical costs in lawsuits,” Albright said.
Boudreaux says this bill leaves no promises that insurance rates will be lowered.
“It basically passes off the cost to our clients and injured parties and takes rights away from them,” he said.
The new law applies to all car crashes after the effective date. It was part of an insurance reform package backed by the governor.
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Posted on 7/14/25 at 11:13 am to BilbeauTBaggins
quote:
"Some of these injuries that we see exceed a million dollars in medical bills. So when someone is seriously injured, or they need some of their maximum health insurance coverage later, some of that is going to get depleted because of the fault of someone else," Boudreaux said.
Are they having their clients run their injuries through their medical insurance, and expecting the client to be paid for the full amount of the billings? If I am understanding this concern correctly, sounds like insurance fraud if they are not sending that $70k to the insurance carrier.
quote:
“The health provider billed you $100,000, and you only end up paying $30,000 because of a negotiated rate. So, you can recover that rate," Albright said. "You get your money back for what you’re paid
This sounds legitimate, anything over would be part of your pain & suffering claim.
This post was edited on 7/14/25 at 11:15 am
Posted on 7/14/25 at 11:13 am to BilbeauTBaggins
Landry will work on this after a call from his daddy Gordon
Posted on 7/14/25 at 11:14 am to BilbeauTBaggins
One good baby step.
Need like 15 more adult steps.
Need like 15 more adult steps.
Posted on 7/14/25 at 11:15 am to BilbeauTBaggins
Could it be that the abundance of lawsuits drive up medical costs?
Asking for a friend.
Asking for a friend.
Posted on 7/14/25 at 11:17 am to BilbeauTBaggins
quote:
"Some of these injuries that we see exceed a million dollars in medical bills. So when someone is seriously injured, or they need some of their maximum health insurance coverage later, some of that is going to get depleted because of the fault of someone else,"
Yet somehow they are entitled to 33%? Sounds like they just need to scale back their cut to 15% so their "client" can pay the bills they have.
Posted on 7/14/25 at 11:23 am to lsuhunt555
quote:good idea, just as soon as you scale back your pay too.
Yet somehow they are entitled to 33%? Sounds like they just need to scale back their cut to 15% so their "client" can pay the bills they have.
And as for the new law. Why won’t the insurance industry guarantee a rate reduction if it’s such a great thing?
Posted on 7/14/25 at 11:24 am to BilbeauTBaggins
I am 100% in favor of anything that damages PI lawyers’ ability to ply their trade. It’s one, giant legal fraud.
Posted on 7/14/25 at 11:24 am to lsuhunt555
33%? I was told it was 40%. By an injury attorney.
Posted on 7/14/25 at 11:25 am to BilbeauTBaggins
None of this is an issue when one lives in a nation with universal basic medical insurance....bad old socialized medicine. You can't find an attorney in Europe taking cases on a contingency because health care costs are taken care of regardless of why they are needed...there ain't no money in it for the lawyers. They also do not have a medical component on liability, homeowners or even workers comp. But we can't have that in the US, much better to have a gazillion Saul Goodman's running about making people think they are seriously injured where in places like Germany they heal them up, kick them in the arse and tell them to go back to work....otherwise we will turn in China....
Posted on 7/14/25 at 11:25 am to BilbeauTBaggins
quote:
"Some of these injuries that we see exceed a million dollars in medical bills. So when someone is seriously injured, or they need some of their maximum health insurance coverage later, some of that is going to get depleted because of the fault of someone else," Boudreaux said.
The amount billed is irrelevant. Your amount of coverage is depleted only when payment is made. The health insurer can assert a lien and recover when the case is settled or ajudgment entered.
The cartel of plaintiff attorneys and unscrupulous medical providers work out arrangements for medical bills. The provider bills three times or more what is actually paid and the attoneys present that as their special damages in the case. They can no longer do so as the plaintiff now only recovers what is actually paid.
Posted on 7/14/25 at 11:26 am to TigerGman
quote:
good idea, just as soon as you scale back your pay too.
Why won’t the insurance industry guarantee a rate reduction if it’s such a great thing?
i spy with my little eye a pia...
Posted on 7/14/25 at 11:27 am to BilbeauTBaggins
quote:
Louisiana PI lawyers upset
Posted on 7/14/25 at 11:29 am to TigerGman
quote:
Why won’t the insurance industry guarantee a rate reduction if it’s such a great thing?
Posted by TigerGordonMan
Glad to know Gordon posts here. Maybe you could stop lying about “soft tissue injuries” so POSs like you can fund your private jet while us ordinary people can barely afford insurance on a 2011 Honda Civic.
Posted on 7/14/25 at 11:31 am to High C
quote:
I am 100% in favor of anything that damages PI lawyers’ ability to ply their trade. It’s one, giant legal fraud.
Has to be one of the all-time greatest frauds. I'm still shocked we let PI lawyers and chiros/doctors get away with blatant fraud.
Posted on 7/14/25 at 11:32 am to BilbeauTBaggins
quote:
Louisiana PI lawyers upset over new law
Posted on 7/14/25 at 11:34 am to Weekend Warrior79
quote:
If I am understanding this concern correctly, sounds like insurance fraud if they are not sending that $70k to the insurance carrier.
The carrier will send a demand for X amount once they are notified of a settlement. The client is expected to pay that off.
This comes after the cut for the PI attorney.
Posted on 7/14/25 at 11:39 am to Weekend Warrior79
quote:
Are they having their clients run their injuries through their medical insurance, and expecting the client to be paid for the full amount of the billings? If I am understanding this concern correctly, sounds like insurance fraud if they are not sending that $70k to the insurance carrier.
The insurance only pays the $30k, so there is no $70k to reimburse. That delta is from the negotiated rates the insurance has with the provider. PI or no PI, the insurance only pays $30k. However, with a PI case, the damages used to be based off the $100k total. Now the jury can only consider the $30k actually paid.
And the health insurance will get that $30k back on the back end, via subrogation or lien.
The argument has always been that the rule we're now adopting hurts people who have health insurance. You will be able to identify the PI attorneys by their use of this argument.
There was a LASC ruling a few years ago that makes lawyers tell the defense insurer up front if they have similar pre-negotiated rates with their treating docs. PI attorneys used to have pre-negotiated rates with, say, chiros where the chiro would bill $10k, but the attorney knew once the case settled they'd only pay 25-75% of the billed amount. Now THAT was always fraud-ish to me, but it's been fixed by the courts.
Posted on 7/14/25 at 11:41 am to BilbeauTBaggins
Lifetime limits on Health Insurance were removed within the Affordable Care Act many years ago, so they are making an argument that they have to know is not valid.
This post was edited on 7/17/25 at 6:54 am
Posted on 7/14/25 at 11:45 am to TigerGman
quote:
just as soon as you scale back your pay too.
Well if the shroud is supposed to be "were concerned for our Clients" why is this not an option?
Oh wait...i know why...because Gordon needs to pay for his NIL deals and Morris Bart needs to pay for those floor seats at Pelicans games.
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