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Posted on 5/29/20 at 9:16 pm to Boogalie
SB 418. It has to go back to the Senate because there were some amendments added by the House. HB9 is the corresponding house bill.
Posted on 5/29/20 at 9:46 pm to Fun Bunch
this should result in less lawsuits, so frivolous accidents won't go to court. insurance companies will pay out appropriate damages and move on.
Posted on 5/29/20 at 9:48 pm to donRANDOMnumbers
quote:
insurance companies will pay out appropriate damages and move on.
What was stopping them from doing so before?
Posted on 5/29/20 at 9:53 pm to donRANDOMnumbers
quote:
insurance companies will pay out appropriate damages and move on.
It took 6 months am me threatening a lawyer to get Progressive to pay a $25 copay for a doctors visit and miscle relaxer the day after my wife's car was totaled. I offered to sign a paper saying that was all the compensation I would request.
Posted on 5/29/20 at 9:54 pm to fightin tigers
Sorry, bub. Take it or leave it or Amazon won’t relocate here
Posted on 5/29/20 at 9:54 pm to doubleb
(no message)
This post was edited on 2/10/21 at 3:49 pm
Posted on 5/29/20 at 9:55 pm to boosiebadazz
quote:
What was stopping them from doing so before?
They were doing it. Just for $49,999 a clip because the the jury threshold.
Posted on 5/29/20 at 9:58 pm to donRANDOMnumbers
quote:
appropriate damages
"appropriate damages" is always "policy limits".
Posted on 5/29/20 at 9:59 pm to oreeg
quote:
They were doing it. Just for $49,999 a clip because the the jury threshold.
Wtf are you talking about?
One of us is retarded.
Posted on 5/29/20 at 10:17 pm to DevilDagNS
La has been a gravy train for plaintiff attorneys.
law firm hosts fund raiser
Money goes to judges campaign coffer
Dude claims he falls in bathroom at a bar
Calls law firm
Files suite, firm knows how to get a particular judge
Rubber stamp $40k settlement.
law firm hosts fund raiser
Money goes to judges campaign coffer
Dude claims he falls in bathroom at a bar
Calls law firm
Files suite, firm knows how to get a particular judge
Rubber stamp $40k settlement.
Posted on 5/29/20 at 10:20 pm to donRANDOMnumbers
quote:
insurance companies will pay out appropriate damages and move on.
Don't be naive. Insurance companies aren't about paying what is appropriate. They are in the business to take in as much as possible in the forms of premiums and pay out as little as possible in claims, not what is appropriate. Which also means your insurance rates are not going to go down in Louisiana. The insurance company will simply make more money. Who do you think was behind any tort reform anyways?
Having said that, my very cursory look at the reform that went through doesn't seem like it's going to have much impact. It just brings Louisiana in line with many other states. Here, any party can request a jury on any suit for money damages and it hasn't clogged up the system. Cases can be heard in one year still. Those that think that more jury trials will mean lower awards, I hate to tell you but the opposite will happen. If I were a plaintiff's lawyer, I would never want a judge tried case because they tend to split the baby to make everyone happy. I'd be more likely to convince a jury of average citizens that 10 billion dollars is chump change.
In my opinion, the best kind of tort reform would include a loser pays the other sides attorneys fees...but you have to put the attorneys on the hook for it too. It would stop the frivolous lawsuits because no PI attorney wants to be exposed to paying defense counsel's bill and it would stop insurance companies from not paying out on legitimate claims if defense counsel or the company has to foot the PI attorney's portion of an award on top of any judgment. Capping damages only hurts those that are legitimately and truly devastated by someone's neglect or worse.
Posted on 5/30/20 at 7:49 am to reedus23
quote:
, I would never want a judge tried case because they tend to split the baby to make everyone happy.
Lolz you clearly don’t practice in LA
Posted on 5/30/20 at 7:58 am to reedus23
quote:
If I were a plaintiff's lawyer, I would never want a judge tried case because they tend to split the baby to make everyone happy.
You gotta be shitting me.
Posted on 5/30/20 at 8:12 am to reedus23
quote:
In my opinion, the best kind of tort reform would include a loser pays the other sides attorneys fees...but you have to put the attorneys on the hook for it too. It would stop the frivolous lawsuits because no PI attorney wants to be exposed to paying defense counsel's bill
this would only negatively impact things like slip and fall (which are already highly regulated)
for minor accidents, it would be a windfall. liability isn't the issue in those cases and now the insurance company would be on the hook for attorney's fees in 99.9% of the cases, along with the damages. why do y'all think this would scare off PI attorneys?
Posted on 5/30/20 at 8:15 am to DevilDagNS
the area where judges REALLY hook up local guys (which ends up being the plaintiffs in most of LA b/c defense counsel is concentrated in urban areas and we don't have many) is discovery rulings. you want to give shitty responses to interrogatories? fine if you're the plaintiff but holy hell will reign down if you're defense counsel. it really reigns in defenses and allows open season if it goes to trial.
Posted on 5/30/20 at 8:18 am to SlowFlowPro
By reading this thread I have deduced the following:
Most of these people have no idea how the civil justice system works.
Some that do have knowledge are apparently bitter that they are grinding out their days for $165.00/hour, which their GoAuto overlords then reduce further.
Most of these people have no idea how the civil justice system works.
Some that do have knowledge are apparently bitter that they are grinding out their days for $165.00/hour, which their GoAuto overlords then reduce further.
Posted on 5/30/20 at 8:20 am to Slippy
Delightful. More wealth redistribution from far-right republicans.
Posted on 5/30/20 at 9:02 am to reedus23
I have a buddy in the legislature who told me that the House amendments will be rejected in the Senate and the bill will be sent to a conference committee so that the House and Senate can work out their differences. The conference committee report will be voted on Monday which will be the final vote on the bill. It is expected to pass both. Nobody seems to know whether JBE will sign or veto
Posted on 5/30/20 at 9:04 am to Carlos the Tiger
JBE should and will veto. I’ve spoken to people close to him.
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