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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 9:41 am to TeddyPadillac
Posted on 2/20/20 at 9:41 am to TeddyPadillac
"$150K worth of damages" already goes to jury not judge. The threshold is $50k for a jury currently.
0
Posted on 2/20/20 at 9:42 am to ELVIS U
quote:
I don't get the whole extending the prescription period and reducing the amount for a jury trial. Defense lawyers are constantly trying to get away from expensive jury trials that they usually end up eating the costs of.
Extending prescription is a good thing. Probably 90% of suits I file are due to prescription, not a genuine disagreement I need adjudicated.
The threshold is a direct shot to put the mills like Morris and Gordon out of business, and I can't say that's a bad thing to tamper those guys down a bit.
Posted on 2/20/20 at 9:43 am to ELVIS U
Two year prescriptive period means that more claims will be settled before filing suit, leading to less court costs and a lighter docket.
Posted on 2/20/20 at 9:43 am to ExtraGravy
And yet, the more learned among us refuse to believe what the industry actually says!
Posted on 2/20/20 at 9:46 am to boosiebadazz
I have not read any of the proposed legislation, but is the increase in the prescriptive period from 1 year to 2 years only with respect to CC art. 3492 (delictual actions) or does it also include CC art. 3493 (damage to immovable property)?
Posted on 2/20/20 at 9:49 am to NIH
quote:
Two year prescriptive period means that more claims will be settled before filing suit, leading to less court costs and a lighter docket.
In a perfect world, yes. However, it will also give more time for PI lawyers to "work up the specials," which may, in turn lead to more disagreement between the parties regarding a reasonable pre-suit settlement value.
Posted on 2/20/20 at 9:53 am to boosiebadazz
:kige:
RIPip :kige:
RIPip :kige:
Posted on 2/20/20 at 9:53 am to brewhan davey
Right. That’s why Texas allows Defense to counter reasonableness and necessity of medical treatment and bills using counter affidavits.
Posted on 2/20/20 at 9:54 am to NIH
quote:
Right. That’s why Texas allows Defense to counter reasonableness and necessity of medical treatment and bills using counter affidavits.
I would not be against this at all.
Posted on 2/20/20 at 9:57 am to brewhan davey
A good counter affidavit is pretty effective. Most of the big insurance companies just use the same hacks that send out forms.
This post was edited on 2/20/20 at 10:02 am
Posted on 2/20/20 at 10:00 am to NIH
quote:Oh good grief
Most of the big insurance companies just use the same hacks that send out forms, though.
Posted on 2/20/20 at 10:00 am to Lakeboy7
quote:
a white guy nerd in a bad suit
By "bad suit" you mean something without pinstripes or straight out of the Goodfellas wardrobe trailer?
Posted on 2/20/20 at 10:01 am to Slippy
Hopefully they pass a bill that makes Gordon shave his beard.
Posted on 2/20/20 at 10:03 am to AlxTgr
quote:
would destroy our city court system.
God willing. City/Parish courts in this state are absolute cesspools.
Posted on 2/20/20 at 10:05 am to Slippy
quote:
HB 39 authorizes the introduction of evidence of failure to wear a safety belt in order to establish both comparative negligence and damages, except when the operator or passenger is under 16 years of age, or when the tortfeasor is charged with operating a motor vehicle while intoxicated.
I am 100% against DWI. If you are guilty of DWI then you are guilty of DWI. But, you can get into a wreck and it not be your fault but be drunk and go to jail for hurting/killing them. The person can now not wear a seatbelt and should have and you still get into trouble.
Am I understanding this? I am a reasonable person so I am genuinely asking.
Posted on 2/20/20 at 10:13 am to DevilDagNS
quote:I only hate them because of the huge limits here. I can see them having a purpose up to $25-30K.
God willing. City/Parish courts in this state are absolute cesspools.
Posted on 2/20/20 at 10:56 am to iron banks
You cannot simultaneously hold the views that these "greedy insurance companies that only want to increase their profits" will continue to raise rates AND other greedy, profit-seeking insurance companies will NOT enter this market to get these juicy profits.
That's how markets work. Other insurance companies will enter the Louisiana market, thus increasing competition and lowering rates. Lawyers don't seem to understand business, or at least don't mind being dishonest about it when it comes to their profits.
That's how markets work. Other insurance companies will enter the Louisiana market, thus increasing competition and lowering rates. Lawyers don't seem to understand business, or at least don't mind being dishonest about it when it comes to their profits.
Posted on 2/20/20 at 11:03 am to Slippy
There was a guy the other day posting about how he recently moved to LA from TX and his auto insurance rates are doubling. I say we copy whatever TX is doing.
Posted on 2/20/20 at 11:06 am to AlxTgr
quote:
I can see them having a purpose up to $25-30K.
If you think a city court should have $30K jurisdiction, I trust you have never been to Monroe City Court.
Posted on 2/20/20 at 11:13 am to brass2mouth
quote:
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.
You paid for the coverage set out in the policy. If there is an accident exclusion you did not pay for accident related treatment.
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