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re: Louisiana may now rest easy- the torts have been reformed

Posted on 6/30/20 at 8:18 pm to
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
39046 posts
Posted on 6/30/20 at 8:18 pm to
I wonder how this affect commercial auto. I doubt any, as the lawyers still need those big limits to profit off of. Jon Bel wouldn’t dare limit the earning power of the attorneys.
Posted by rmc
Truth or Consequences
Member since Sep 2004
27404 posts
Posted on 6/30/20 at 8:19 pm to
Chiro charges 100 a visit. Your health insurance has a contract with him where you pay a 20 co pay and insurance pays him 40 a visit. So the effective rate is 60 a visit. You previously recovered all 100. Why should the tortfeasor get the benefit of your insurance contractual rates that you pay for?

Now you get 60 plus maybe an additional 40% that they just pulled out of their arse.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
7270 posts
Posted on 6/30/20 at 8:19 pm to
I like tortles!
Posted by theronswanson
House built with my hands
Member since Feb 2012
3273 posts
Posted on 6/30/20 at 8:22 pm to
quote:

More of a chance to settle before suit has to filed and litigation expenses start.


You can bank on a few cases that a judge would award 30-40k, a jury will award well into the six figures. Insurance attorneys could reliably report to the adjuster that a bench trial will result in a relatively narrow range of awards. Jury trials are a different animal and will throw a wrench into an evaluation.

I wouldn’t want to be the defense attorney trying a minimum limits policy (15k which is above the new jury trial threshold). The potential for an excess verdict and the bad faith lawsuit that follows would keep me up at night.
This post was edited on 6/30/20 at 8:24 pm
Posted by Michael T. Tiger
Baton Rouge
Member since Jul 2004
8939 posts
Posted on 6/30/20 at 8:23 pm to
Can lawyers bring up whether an accident victim was wearing their seatbelt in court now?
Posted by LuckySo-n-So
Member since Jul 2005
22762 posts
Posted on 6/30/20 at 8:26 pm to
quote:

Let the rate decreases flow


Yeah, I'm not holding my hand over my butt waiting for that to happen...
Posted by Keltic Tiger
Baton Rouge
Member since Dec 2006
22361 posts
Posted on 6/30/20 at 8:29 pm to
"Giving up rights "? If this makes plaintiff attys upset. I am all for it. Where is the concern for said rights when your call screener refuses to take a minor claim, minor in the context the plaintiff atty won't make much money?
Posted by PinevilleTiger
Pineville, LA
Member since Sep 2005
6393 posts
Posted on 6/30/20 at 8:30 pm to
This is watered down crap. Real reform will happen in 3 years with a Republican Governor. This is just throwing a bone to business. A bare bone.
Posted by NaturalBeam
Member since Sep 2007
15049 posts
Posted on 6/30/20 at 8:30 pm to
quote:

Can lawyers bring up whether an accident victim was wearing their seatbelt in court now?
Yes but I’m not sure why that was really a big deal to anyone. I think that has come up once in the decade I’ve been doing this work.
Posted by theronswanson
House built with my hands
Member since Feb 2012
3273 posts
Posted on 6/30/20 at 8:37 pm to
quote:

If this makes plaintiff attys upset. I am all for it.


quote:

I never thought leopards would eat MY face,' sobs woman who voted for the Leopards Eating People's Faces Party.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79868 posts
Posted on 6/30/20 at 8:38 pm to
quote:

Lol how was 40% arrived at? All this will do is have Chiros agreeing to hold bills And not run through insurance even more in demand. Chiros are the winners here.



Hahahahahaha Chiros billing health insurance
This post was edited on 6/30/20 at 8:38 pm
Posted by Northshoretiger87
Member since Apr 2016
4957 posts
Posted on 6/30/20 at 8:39 pm to
Why can a person not file a lawsuit within one year of an accident? This is only fair to a business owner or other driver who has to find witnesses and make a defense.
Posted by spslayto
Member since Feb 2004
22015 posts
Posted on 6/30/20 at 8:39 pm to
quote:

Real reform will happen in 3 years with a Republican Governor
Jindal had 8
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 6/30/20 at 8:39 pm to
quote:

Yes but I’m not sure why that was really a big deal to anyone. I think that has come up once in the decade I’ve been doing this work.

I could see certain people using the no seat belt thing to significantly reduce damages.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
135060 posts
Posted on 6/30/20 at 8:41 pm to
quote:

I'm a huge flan of pop torts



I prefer mom torts...because of the Oedipus complex.
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
88509 posts
Posted on 6/30/20 at 8:41 pm to
The 2 year prescriptive period is the thing that made the most sense of all the proposals
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 6/30/20 at 8:47 pm to
(no message)
This post was edited on 6/30/20 at 8:48 pm
Posted by NaturalBeam
Member since Sep 2007
15049 posts
Posted on 6/30/20 at 8:50 pm to
quote:

This is watered down crap. Real reform will happen in 3 years with a Republican Governor. This is just throwing a bone to business. A bare bone.
Remember when Obamacare didn't lower health insurance and the liberals screamed it was because it didn't go far enough...
Posted by Tornado Alley
Member since Mar 2012
28667 posts
Posted on 6/30/20 at 8:51 pm to
quote:

I wouldn’t want to be the defense attorney trying a minimum limits policy (15k which is above the new jury trial threshold).


We don’t, pretty much ever.

Juries force both sides to get real about their case.
This post was edited on 6/30/20 at 8:53 pm
Posted by boosiebadazz
Member since Feb 2008
86476 posts
Posted on 6/30/20 at 8:53 pm to
quote:

This afternoon, the Louisiana Legislature passed HB 57 by Speaker Clay Schexnayer (R-Gonzales), the Civil Justice Reform Act of 2020. LABI President and CEO Stephen Waguespack released the following statement:

“Today was a victory for common sense and the clear beginning of a new era in the Legislature focused on passing sensible solutions to improve Louisiana's legal climate. HB 57 is a strong first step for Louisiana's working families and job creators that will help begin the process of rebuilding Louisiana's insurance markets.

Passage of this bill is the culmination of many years of hard work and steadfast advocacy, and while we at LABI are extremely proud of contributing to these long time efforts, we are just as excited to see the overwhelming, bipartisan support in the Capitol for various legal reform measures shown repeatedly over the last month. This new Legislature is obviously hungry to change Louisiana's reputation for a poor legal climate and HB 57 appears to be simply the first bite at that apple. Our work has only just begun."


It’s clearly not over. By the end of it you’ll be paying Allstate a convenience fee to pay your medical bills.

But we will be the Mecca of high-skilled, high-paying white collar jobs that are the future of the economy
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