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Started By
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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 11:14 am to DevilDagNS
Posted on 2/20/20 at 11:14 am to DevilDagNS
quote:Meh, I can't see it being worse than the two I deal with.
If you think a city court should have $30K jurisdiction, I trust you have never been to Monroe City Court.
1
Posted on 2/20/20 at 11:16 am to Mahootney
quote:
quote:
That said, when you tell people failure to wear a seat belt is inadmissible, they are floored.
Not sure what you mean. Can you please explain?
I'd appreciate it.
If the plaintiff was not wearing a seatbelt at the time if his injury the jury is not allowed to know this and it cannot be used to determine the fault of the plaintiff. One of the few places where a violation of the law (seatbelt law) is not held against a party in a civil case.
Posted on 2/20/20 at 11:18 am to Macavity92
BCBS will pay what is presented and they’ll subrogate into the third party claim for what they’ve paid.
The problem is the medical providers will not bill BCBS and take the reduced rate when they can get 100 cents on the dollar from the third party claim.
The problem is the medical providers will not bill BCBS and take the reduced rate when they can get 100 cents on the dollar from the third party claim.
Posted on 2/20/20 at 11:18 am to TJG210
quote:
quote:$5k too low. Why is this fine for every other state?
Because no other state has a similar tort system.
Posted on 2/20/20 at 11:19 am to TeddyPadillac
quote:
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.
Yeah they still would. Until you realize the lowest common denominator is generally a huge chunk of the selected jury pool, the problem won't be solved.
Posted on 2/20/20 at 11:25 am to boosiebadazz
I understand the one year on suit filing and have had to do a few of those myself, but I don't think that anyone knows how many cases don't get filed because of the fairly short prescription period. I admit I do very little of this type of work but I know that out in the country the juror pool is stretched pretty thin as it is. I think that the public may want a higher limit, resulting in less trials, than a lower limit. I always figured the insurance companies tend to want a jury trial to avoid judges who may favor local attorneys. Anyway, I think the personal injury system is broken but I have not seen any suggestions (nor have I any) that I think would make any major difference in how things work here in Louisiana.
Posted on 2/20/20 at 11:36 am to dinosaur
I'd love to see some sort of escrow system for future meds. Lying arse plaintiffs never have all that treatment. Ablations for life? It is to laugh.
Posted on 2/20/20 at 12:01 pm to Slippy
How does allowing two years help reduce the litigation? I've heard it's because 1 year forced them to sue somehow. What's going to be different in two years? People involved in the accident have to live with the specter of litigation an extra year.
Posted on 2/20/20 at 12:29 pm to Jake88
quote:Not only that, there are many multiple claimant cases involving limited funds for settlement. This may delay other settlements because the insurer may feel forced to wait out people who haven't yet presented their claim. I get this a lot.
People involved in the accident have to live with the specter of litigation an extra year.
Posted on 2/20/20 at 12:29 pm to Jake88
Lots of people show up at the lawyer’s office only months before their claim hits SOL. With two years, more time for the attorney to just negotiate with insurance, especially for straight forward policy cases. Works fine in Texas and many states.
This post was edited on 2/20/20 at 12:30 pm
Posted on 2/20/20 at 12:51 pm to AlxTgr
Haha! You’ve never seen Eddie Clark and the Honorable Judge Tammy Lee in action....
Posted on 2/20/20 at 1:17 pm to AlxTgr
quote:
I'd love to see some sort of escrow system for future meds.
This.
Posted on 2/20/20 at 1:36 pm to Carnifex
quote:
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.
Back in 07 I think, we were living in Katy and my wife and I were rear-ended at a stop light. I was driving, I was fine, my wife was in front seat, and she said her neck was bothering her. She ended up going to the ER to get checked out. It was a Sunday. They ran some tests and the doctor reccomended 12 physical therapy sessions to work out the soreness. They had our insurance info, gave us a list of places to go to for the therapy, and sent us home with some drugs for her.
Tuesday, I get a call from insurer (it was Aetna). they asked what happened, so I tell them. They say ok, here is what happens. You can pay all of this yourself and handle directly with other party's insurance. OR, we will handle all the claims under your insurance, file for subrogation, and when we get paid back, we will keep the amount we paid out, and we will send you a check for the amount you pay in co-pays related to this.
I said great, sounds good.
That's what happened. She got the care, we paid all the co-pays, we got the vehicle fixed, we had a claim for lost wages (she missed 2 days of work after accident), medcial, and car repair, everyone got their money, Aetna sent us a check about 3 months after the accident. Life goes on.
Posted on 2/20/20 at 1:56 pm to udtiger
quote:
Sadly, none of these will pass.
HB 84 will, I'm betting.
Posted on 2/20/20 at 1:59 pm to TJG210
quote:
being veto proof.
Doubtful.
I don't even think they can get all of the republicans on board for tort reform.
If they can somehow get all republicans on board, they would still need to pick off enough black democrats to get the margin. Convincing them that high insurance rates hurts poor minorities is an idea to help with that.
Most likely scenario is republicans pass some watered down version of tort reform that everybody hates and wait for 2024 when JBE is back in Amite chasing big trucks and ambulances.
I've repeatedly said that the next four years in Louisiana is going to be a massive waste of time as far as legislation in the statehouse goes.
It's a lost four years that could've been prevented if Eddie Rispone didn't run a shitty campaign.
Posted on 2/20/20 at 2:04 pm to MintBerry Crunch
quote:
It’s a market. It is designed to increase the attractiveness for insurance companies to do business in this state.
Oh it'll do that alright. They'll flock here to charge ever higher premiums and make ever smaller payouts cause they won't have to worry about rate reductions.
But but but Gman, it's needed ....
So everyone is gonna be happy to be called out of work for a week to sit in jury pools for $7,500 value cases... Enjoy your jury duty and higher premiums guys and gals....
Careful what you ask for...
Posted on 2/20/20 at 2:18 pm to NIH
quote:Why would they take so long if they're injured?
Lots of people show up at the lawyer’s office only months before their claim hits SOL
Posted on 2/20/20 at 2:22 pm to Macavity92
quote:
You paid for the coverage set out in the policy. If there is an accident exclusion you did not pay for accident related treatment.
Which again, is bullshite. It’s even more so now that Uncle Sam requires me to purchase health insurance yet the insurance companies are still able to write themselves out of responsibilities.
I’ve said it for years that I should have took out loans to start an insurance company rather than going to school.
Posted on 2/20/20 at 2:26 pm to TigerGman
quote:I'd do jury duty if I knew I would be chosen for a case like this.
So everyone is gonna be happy to be called out of work for a week to sit in jury pools for $7,500 value cases...
Billboard lawyers are slime.
Posted on 2/20/20 at 2:31 pm to Jake88
Lots of people trying to negotiate with the insurance on their own behalf to no avail.
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