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re: Here are the details of the lead tort reform bill for the upcoming session.

Posted on 2/20/20 at 7:55 am to
Posted by Slippy
Across the rivah
Member since Aug 2005
7404 posts
Posted on 2/20/20 at 7:55 am to
quote:

Going to be a bitter sweet victory when the defense bar realizes they have to start trying cases all the time.


I promise you it ain't the defense lawyers who don't want to try cases.
Posted by Cajun Tifoso
Lafayette, LA
Member since Sep 2010
2718 posts
Posted on 2/20/20 at 7:58 am to
Going to be a bitter sweet victory when the defense bar realizes they have to start trying cases all the time.

Uhhh, we bill by the hour. Jury trials require much more preparation. Bring them on!!
Posted by Lakeboy7
New Orleans
Member since Jul 2011
28004 posts
Posted on 2/20/20 at 8:02 am to
(no message)
This post was edited on 2/9/21 at 5:19 am
Posted by brass2mouth
NOLA
Member since Jul 2007
20399 posts
Posted on 2/20/20 at 8:11 am to
quote:

Having been in a recent accident (not at fault) the first thing the hospital is going to ask is “Where you in an accident”. As soon as you say “yes”, say goodbye to your health insurance coverage. It will get flagged in their claims systems and all your med bills from the wreck will be rejected.


Which is bullshite. Why the frick does it matter? I pay my health insurance premiums to cover me but bc this country is run by banks and insurance there’s an out for the insurance company.

It shouldn’t matter if I fell out of a tree trying to do backflips or got TBoned at an intersection. If I’m paid up then the insurance company needs to pay out then THEY can go after the auto insurance.
Posted by LazloHollyfeld
Steam Tunnel at UNC-G
Member since Apr 2009
2026 posts
Posted on 2/20/20 at 8:13 am to
I don’t understand the thought process of how increasing the potential for jury trials or having more jury trials will improve the system or decrease costs. Seems to me it would cause costs and fees to go up and clog the courts dockets
Posted by Oilfieldbiology
Member since Nov 2016
41182 posts
Posted on 2/20/20 at 8:15 am to
It’s harder to convince 12 people of guilt than one bought and paid for judge.
Posted by Tigeralum2008
Yankees Fan
Member since Apr 2012
17599 posts
Posted on 2/20/20 at 8:17 am to
Can we also get a bill that confiscates vehicles discovered to have no insurance?

Posted by LazloHollyfeld
Steam Tunnel at UNC-G
Member since Apr 2009
2026 posts
Posted on 2/20/20 at 8:20 am to
True for some courts in this state. As an insurance company, I would be terrified of juries in other parishes.... Orleans, EBR, Caddo
Posted by TeddyPadillac
Member since Dec 2010
29672 posts
Posted on 2/20/20 at 8:22 am to
quote:

I don’t understand the thought process of how increasing the potential for jury trials or having more jury trials will improve the system or decrease costs. Seems to me it would cause costs and fees to go up and clog the courts dockets


B/C today we don’t go to trial, we just settle every case, b/c the insurance companies know the judges won’t side with them and will side with the “victim”.
I would think the average citizen juror wouldn’t side with the “victim” every single time when they can clearly see the “victim” didn’t get $150k worth of “damages” from though the small dent in their bumper from the accident.

I would hope that it would deter frivolous lawsuits suits and only those that actually have a real case and need for the money b:c of the severity of the accident and injuries will go to trial.
Posted by LazloHollyfeld
Steam Tunnel at UNC-G
Member since Apr 2009
2026 posts
Posted on 2/20/20 at 8:26 am to
quote:

would think the average citizen juror wouldn’t side with the “victim” every single time when they can clearly see the “victim” didn’t get $150k worth of “damages” from though the small dent in their bumper from the accident.


You have a better belief in our fellow citizenry than me.
Posted by t00f
Not where you think I am
Member since Jul 2016
101218 posts
Posted on 2/20/20 at 8:29 am to
quote:

Sadly, none of these will pass.


two words

Senate SuperMajority
Posted by ExtraGravy
Member since Nov 2018
969 posts
Posted on 2/20/20 at 8:46 am to
(no message)
This post was edited on 1/5/21 at 8:06 pm
Posted by The_Velour_Fog
I pay rent on a rundown place
Member since Aug 2005
488 posts
Posted on 2/20/20 at 8:48 am to
one big reason the insurance industry wants to decrease the jury trial threshold is because it takes a lot longer to get a jury trial on the docket and tried than a Judge trial. The longer it takes, the longer the ins co can keep its money in the market and earning them money (and the more likely it is that something goes wrong with the pla's case or pla is willing to take less).

Beyond who is deciding the case, lowering the jury threshold provides a marked strategic advantage to the defendant and has little to do with the merits of the claim. call me cynical, but its true.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59050 posts
Posted on 2/20/20 at 8:53 am to
Your problem is with the health insurance company.

As we sit today, the auto insurer would still owe 100% of what was billed.

And most providers will work with you as far as keeping you out of collections if they know you have a wreck because payment won’t be sent until the claim is settled.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59050 posts
Posted on 2/20/20 at 8:55 am to
quote:

HB 84 requires an automobile insurer to provide liability policy limits to a third-party claimant or his attorney within 30 days of receipt of a written request from the claimant or his attorney. It also requires the insurer to disclose: (1) the insurer's name; (2) the name of each insured; and (3) an indication of coverage limits or that the insurer did not issue a policy that provides coverage for the automobile accident.


Do not like.
Posted by TJG210
New Orleans
Member since Aug 2006
29207 posts
Posted on 2/20/20 at 9:01 am to
quote:

even the people in the insurance industry are straight up telling us all it will do NOTHING to reduce insurance rates. And yet over and over, people say "we've gotta pass it to make insurance rates go down!


Well then, why don’t we do it so that people stop getting hit with asinine frivolous lawsuits?
Posted by NIH
Member since Aug 2008
119451 posts
Posted on 2/20/20 at 9:04 am to
Neither side wants to. At LSU’s trial advocacy boot camp they told us we’d rarely be trying cases in the state on the civil side. Which is pretty much true.
Posted by NIH
Member since Aug 2008
119451 posts
Posted on 2/20/20 at 9:06 am to
Yeah, good luck with that in New Orleans and Baton Rouge. And adjusters would be sending tons of files to trial to test the waters.
Posted by Number 9 Fan
Baton Rouge
Member since Jan 2020
681 posts
Posted on 2/20/20 at 9:07 am to
quote:


Don’t really agree with #3 - but really unsure of the solution.

Having been in a recent accident (not at fault) the first thing the hospital is going to ask is “Where you in an accident”. As soon as you say “yes”, say goodbye to your health insurance coverage. It will get flagged in their claims systems and all your med bills from the wreck will be rejected.

So, now you are on your own racking up ridiculously high medical bills cause they are billing you for the full amount. Meanwhile the at fault party’s insurance ain’t paying a dime “until the case settles”. So its up to you to work to plead the bills down to something you can afford before it ruins your credit and goes to collections. So now all you are doing is saving the auto insurance company $ by them not having to pay out as much in the end since YOU did all the leg work to get the med bills lower.

They need to also say in the law that the heath insurance can’t deny you if you are in a wreck or something to that effect.

All that does it make it easier for the auto insurance company and more work for the innocent person who got hit.

Why not a law to make your insurance company responsible for your bills, and make them go against the other driver and his insurance company?

Posted by NIH
Member since Aug 2008
119451 posts
Posted on 2/20/20 at 9:08 am to
Lower jury limits raises the quality of legal work on both sides. Much harder to be lazy with motion practice when you are staring down a jury trial vs. a drawn out settlement.
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