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Message
re: Tort reformers--welcome to your week of jury duty...
Posted on 5/18/20 at 7:12 pm to TigerGman
Posted on 5/18/20 at 7:12 pm to TigerGman
The Louisiana Senate just passed SB 418 by Senator Kirk Talbot on a vote of 29-8.
Sen. Kirk Talbot (R-River Ridge), SB 418 will bring Louisiana's legal system in line with other states in exchange for a mandatory auto insurance rate reduction. The bill will:
Lower Louisiana’s jury trial threshold from $50,000 to $5,000.
Louisiana has the highest jury trial threshold in the nation at $50,000. That means unless your case is valued at $50,000 or higher, a judge rather than a jury, will decide your case. The end result is a trend of cases with higher value, but low enough to avoid a jury in the hopes of landing the right judge. Maryland has the next highest threshold at $15,000 and 32 states have no jury trial threshold.
End the collateral source rule.
The current judicially made law prohibits evidence of what was actually paid by a plaintiff in medical bills and allows only evidence of full-price or “sticker price” medical bills to be submitted into evidence, without regard to contractual adjustments for health insurance or limits on reimbursement established by public payors. This allows plaintiffs and their attorneys to recover a windfall that far exceeds both their actual liability for medical care and the costs of health insurance premiums they have paid.
Remove the direct action statute.
Louisiana is one of only three states where a plaintiff can sue you and your insurance company. Most states recognize that bringing an insurance company into a lawsuit encourages a jury’s tendency to award larger damages. It’s human nature to see a company in a different light than a real person, but in the end it’s a real person paying a very real bill.
Extend the prescriptions for tort actions from 1 year to 2 years for motor vehicle accidents only.
A compromise providing the other elements of the bill remain in place.
Eliminate the seat belt gag order
Seat belt usage is currently hidden from juries according to state law, even though unbelted occupants typically have medical costs three times higher than those wearing seat belts – as required by law.
Require a mandatory 10% rate reduction for personal auto insurance.
The bill also establishes a mandatory review of commercial auto insurance to lower rates when actuarially justified. This bill will help rebuild competition in our markets, providing real relief for Louisiana ratepayers.
Sen. Kirk Talbot (R-River Ridge), SB 418 will bring Louisiana's legal system in line with other states in exchange for a mandatory auto insurance rate reduction. The bill will:
Lower Louisiana’s jury trial threshold from $50,000 to $5,000.
Louisiana has the highest jury trial threshold in the nation at $50,000. That means unless your case is valued at $50,000 or higher, a judge rather than a jury, will decide your case. The end result is a trend of cases with higher value, but low enough to avoid a jury in the hopes of landing the right judge. Maryland has the next highest threshold at $15,000 and 32 states have no jury trial threshold.
End the collateral source rule.
The current judicially made law prohibits evidence of what was actually paid by a plaintiff in medical bills and allows only evidence of full-price or “sticker price” medical bills to be submitted into evidence, without regard to contractual adjustments for health insurance or limits on reimbursement established by public payors. This allows plaintiffs and their attorneys to recover a windfall that far exceeds both their actual liability for medical care and the costs of health insurance premiums they have paid.
Remove the direct action statute.
Louisiana is one of only three states where a plaintiff can sue you and your insurance company. Most states recognize that bringing an insurance company into a lawsuit encourages a jury’s tendency to award larger damages. It’s human nature to see a company in a different light than a real person, but in the end it’s a real person paying a very real bill.
Extend the prescriptions for tort actions from 1 year to 2 years for motor vehicle accidents only.
A compromise providing the other elements of the bill remain in place.
Eliminate the seat belt gag order
Seat belt usage is currently hidden from juries according to state law, even though unbelted occupants typically have medical costs three times higher than those wearing seat belts – as required by law.
Require a mandatory 10% rate reduction for personal auto insurance.
The bill also establishes a mandatory review of commercial auto insurance to lower rates when actuarially justified. This bill will help rebuild competition in our markets, providing real relief for Louisiana ratepayers.
Posted on 5/18/20 at 7:28 pm to Covingtontiger77
quote:
The bill also establishes a mandatory review of commercial auto insurance to lower rates when actuarially justified. This bill will help rebuild competition in our markets, providing real relief for Louisiana ratepayers.
Lol Louisianans were fed the same garbage about medical malpractice “reform” in the 70’s. The only thing it helped was give the insurance companies more money in their pockets. Why the people of this state voluntarily give up their rights so that insurance companies can make more money is beyond me.
Posted on 5/18/20 at 8:22 pm to TigerGman
I tell them I’m a racist and they dismiss me.
Posted on 5/18/20 at 9:07 pm to theronswanson
quote:
Why the people of this state voluntarily give up their rights so that insurance companies can make more money is beyond me.
49 other states..,
Posted on 5/18/20 at 9:16 pm to TigerGman
quote:
$7,500.00 cases
Won’t happen. Can’t keep up the billboards with rear view mirror views Looking at the side mirror at that pace my man.
Posted on 5/18/20 at 9:20 pm to Tigerlaff
quote:
I'm a defense lawyer
I've tried 100s of cases from both sides of the courtroom. Defense attorneys are usually better when it comes to paper but plaintiffs attorneys are better at preaching to the box. You need to get some of that Southern Baptist tent revival spirit up in your soul.
Most defense attorneys will flat out put a jury to sleep. If the judge isn't at least thinking about dragging you back in chambers and dressing you down you are leaving meat on the bone.
Posted on 5/18/20 at 10:16 pm to Obtuse1
quote:
Defense attorneys are usually better when it comes to paper but plaintiffs attorneys are better at preaching to the box. You need to get some of that Southern Baptist tent revival spirit up in your soul.
Sorry, nothing against you personally, but I hope 75% of you go out of business and are selling insurance in 5 years
This post was edited on 5/18/20 at 10:17 pm
Posted on 5/18/20 at 11:02 pm to fallguy_1978
quote:
Sorry, nothing against you personally, but I hope 75% of you go out of business and are selling insurance in 5 years
I run a litigation department, we are just hired guns. I haven't tried an auto accident case in 20 years though I have no ethical problem with it if the facts support the claim. We work in a pretty specific area of products liability and play both sides of the fence. We also get to be very picky about cases and most on the plaintiff side come from typical settlement mills.
Posted on 5/19/20 at 8:47 am to biglego
quote:
Texas has jury trials for EVERYTHING. Even traffic tickets. In my 7 years living here, I’ve had jury duty one time and it lasted 1 hour before the whole venire was released bc the case settled.
So? When you're released here you just get tossed back into the general venire to see if they need you for other trials. You act like everybody shows up for just one trial the whole week. Oh and my daughter lives in Houston bout same amount of time as you and has been called 3 times.
This post was edited on 5/19/20 at 8:49 am
Posted on 5/19/20 at 8:49 am to theronswanson
quote:What rights are being given up?
Why the people of this state voluntarily give up their rights so that insurance companies can make more money is beyond me.
quote:
Lower Louisiana’s jury trial threshold from $50,000 to $5,000
Any chance this gets amended? This is too low.
Posted on 5/19/20 at 8:52 am to TigerGman
quote:
Oh and my daughter lives in Houston bout same amount of time as you and has been called 3 times.
And yet, Houston somehow manages to continue to function. Maybe, just maybe, Louisiana got this one wrong.
Posted on 5/19/20 at 8:59 am to TigerGman
quote:
So? When you're released here you just get tossed back into the general venire to see if they need you for other trials. You act like everybody shows up for just one trial the whole week.
Point
Your Head
quote:
Oh and my daughter lives in Houston bout same amount of time as you and has been called 3 times.
So she goes to jury duty about every other year. ZOMG she should move back to Louisiana bc so much jury duty!!
Posted on 5/19/20 at 9:21 am to AlxTgr
quote:
quote:
Why the people of this state voluntarily give up their rights so that insurance companies can make more money is beyond me.
What rights are being given up?
I'd submit that lowering the jury threshold (in line with the other states) actually allows more people to exercise one of their right to a jury.
Posted on 5/19/20 at 10:10 am to biglego
quote:
So she goes to jury duty about every other year. ZOMG she should move back to Louisiana bc so much jury duty!!
Umm it should be obvious to even to you that it will be way worse here for years nitwit.
Posted on 5/19/20 at 11:11 am to TigerGman
quote:
Umm it should be obvious to even to you that it will be way worse here for years nitwit.
You are not an intelligent person but I’ll respond anyway.
There is no reason to think jury duty would “be way worse” in Louisiana just for lowering the civil threshold. Yes, Texas has more people, which also means Texas has more litigation.
And again, Texas allows for jury trials for nearly everything, which you didn’t know. Speeding ticket, misdemeanors, etc. Can get a jury in all those. Not in Louisiana.
Posted on 5/19/20 at 12:47 pm to biglego
quote:
You are not an intelligent person but I’ll respond anyway.
There is no reason to think jury duty would “be way worse” in Louisiana just for lowering the civil threshold. Yes, Texas has more people, which also means Texas has more litigation.
Is this an act or are you really that dense?
You're totally missing the obvious.
More people also equals more courts, no?
There will be a mad rush to try everything for years in Louisiana --the insurance companies will be making a point of it. Many plaintiffs lawyers will do the same.
quote:
And again, Texas allows for jury trials for nearly everything, which you didn’t know.
Link? WTF are you talking about I didn't know? Are you a mind reader too now?
Posted on 5/19/20 at 2:12 pm to TigerGman
OMG you really are that stupid.
Good luck in life. Don’t forget to breathe.
Good luck in life. Don’t forget to breathe.
Posted on 5/19/20 at 2:14 pm to TheCurmudgeon
Judges are bad and cannot be trusted. We need reform.
And then, when the jury awards damages in excess of what the insurance company or the U.S. Chamber feels is appropriate, we will hear the complaints of "Jackpot Jury," oh wait...
Texas 2019 - Jackpot Juries
Jackpot Jury Award Article from 2002
Mississippi Jury Awards Capped 2002
Philadelphia Jackpot Juries 2018
You can google more.
One thing is certain - U.S. Chamber, tort reform advocates, insurance companies, etc. - are never going to be happy until they abolish your right to hold them and their interests accountable.
And for "but my insurance rates are going down crowd" while they point to places like Texas and Florida, here's a comparison from Insure.com.
And then, when the jury awards damages in excess of what the insurance company or the U.S. Chamber feels is appropriate, we will hear the complaints of "Jackpot Jury," oh wait...
Texas 2019 - Jackpot Juries
Jackpot Jury Award Article from 2002
Mississippi Jury Awards Capped 2002
Philadelphia Jackpot Juries 2018
You can google more.
One thing is certain - U.S. Chamber, tort reform advocates, insurance companies, etc. - are never going to be happy until they abolish your right to hold them and their interests accountable.
And for "but my insurance rates are going down crowd" while they point to places like Texas and Florida, here's a comparison from Insure.com.
Posted on 5/19/20 at 2:21 pm to TigerFanNSTC
So what happens from here? Has the house taken it up yet? Gets vetoed and dies?
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