re: JBE vetos tort reform

So JBE chooses to protect his trial lawyers buddies over improving the lives of the poor and middle class of Louisiana.

What a piece of shite he is.

He's all in for 2022 Senate against John Kennedy.

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god forbid lawyers chime in on the *checks notes* legal system

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boosiebadazz

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Of course he did. First installment on his GumboPac payback

What level is warranted? Please explain.

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He's all in for 2022 Senate against John Kennedy.

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JBE clearly chose the pockets of trial lawyers to help fund his future campaign over helping out the poor and middle class of Louisiana.

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Just wondering, I would hate for your personal injury-attorney pals and their doctor buddies to forego that extra trip to Breckinridge

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I like how you would give up your own legal rights, including those of your children and grandchildren, just to stop PI lawyers.

Here come the tards with a legal opinion but with zero understanding of litigation.

You are giving up:

1. Your amount compensation for injury of death due to negligence of another
2. Your ability to litigate a case timely

Youre giving it up for the benefit of foreign billion dollar insurance companies who don’t give a squirt of piss about you or your loved ones. Your 5 year old daughter could be slowly burned to death in a fire by a drunk driver and they don’t give a frick. Trust me, I fought them daily for 20 years. You are nothing to their stockholders. You are just in their way of larger profits.

And what do you get in return for the bill? Nothing! They refuse to promise you any reduction in premiums. Refused to put it in the bill. Why? Because it will never get reduced.

Examples of legislative restrictions on injury compensation that fricked the average Joe for the benefit of big businesses:

Lose a leg on the job? It’s capped at 66.67% of approximately 150 weeks of your salary. Does that sound fair? The legislature said it is. You’ll never walk again but hey, frick you and your family.

Your 10 year old child is killed by a surgeon who was rushing to go on his golf trip and let them bleed out during surgery because he failed to see he punctured her intestine? $500,000 is all her life is worth according to the legislature. Why? Because millionaire physicians said their premiums were too high and everyone bought it. Who benefited? Billion dollar malpractice carriers who lessened their payouts. Physicians premiums are still high.

They are your rights to just compensation. You should protect them. God forbid you might need them one day.

Something is going to be done. I’m tired of Gordon standing on trucks and cheapening real suffering by real people by commoditizing claims just as much as the next guy, but LABI is using that sentiment to do a full on grab bag run on everything that will increase their profits and frick regular people.

2 years prescription for $15,000 threshold should be the deal. Everything else is lagniappe

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boosiebadazz

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More successful Southern states like Florida, Georgia, Mississippi, Texas, and Tennessee have no jury threshold. It stands at 0 for them.

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There are no caps on compensatory or punitive damages in Florida. In negligence cases, a court must reduce an award of economic damages by "all amounts that have been paid for the benefit of the claimant, or which are otherwise available to the claimant, from all collateral sources." Fla. Stat. § 768.76(1). However, there is no reduction for collateral source payments for which there is a right of subrogation. Id. Any reduction is also offset by any amount paid by the claimant or a family member in order to secure the collateral payment. Id.

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Florida

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Compensatory and punitive damages are not capped in Georgia. The collateral source rule applies to bar admission of any evidence as to payments of medical, hospital, disability income, or other expenses of a tortious injury paid for by a plaintiff, governmental entity, or third party and taking credit towards the defendant's liability in damages for such payments. Candler Hosp. v. Dent, 491 S.E.2d 868 (1997).

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Georgia

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Mississippi currently has a $1 million cap on noneconomic damages for all civil actions except medical malpractice actions, which caps noneconomic damages at $500,000. Miss. Code Ann. § 11-1-60. Mississippi has a complicated statutory scheme for capping punitive damages, which centers on the defendant's net worth. Miss. Code Ann. § 11-1-65(3)(a). The collateral source rule is applicable and has no exceptions. See Busick v. St. John, 856 So. 2d 304 (Miss. 2003).

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Mississippi

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In Texas, there is no general cap on compensatory damages, but there are exceptions for medical malpractice actions. Punitive damages are capped at either two times the amount of compensatory damages plus the amount equal to the amount of non-economic damages found by a jury not to exceed $750,000, or $200,000, whichever is greater. Tex. Civ. Prac. & Remedies Code § 41.008. This cap does not apply in the context of commission of certain crimes. Id. The collateral source rule applies, but the plaintiff cannot recover more than the actual expenses. Evidence can be introduced as to what the recoverable expenses actually were, and that evidence is still governed by the collateral source rule. Haygood v. De Escobedo, 356 S.W.3d 390 (Tex. 2011).

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Texas

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Tennessee caps non-economic damages at $750,000, which is raised to $1 million if the plaintiff suffers catastrophic injury. Tenn. Code Ann. § 29-39-102. The cap is eliminated entirely if the defendant had a specific intent to inflict serious physical injury; intentionally falsified, destroyed, or concealed records of evidence to avoid liability; was under the influence of alcohol, drugs, or any other intoxicant or stimulant; or whose actions result in a felony conviction. Id. In general, punitive damages are capped at the greater of two times the amount of compensatory damages or $500,000, and the cap is lifted if there is specific intent to inflict serious physical injury; the defendant intentionally falsified, destroyed, or concealed records of evidence to avoid liability; the defendant was under the influence of alcohol, drugs, or any other intoxicant or stimulant; or the defendant's actions resulted in a felony conviction. Tenn. Code Ann. 29-39-104. Punitive damages are not available in a civil action involving a drug or device if the drug or device conformed to FDA standards or was an over-the-counter drug or device marketed pursuant to federal regulations; was generally recognized as safe and effective and as not being misbranded pursuant to the applicable federal regulations; and satisfied in relevant and material respects each of the conditions contained in the applicable regulations and each of the conditions contained in an applicable monograph. Tenn. Code Ann. § 29- 39-104(d)(1). This exemption does not apply if the manufacturer withheld or misrepresented material information relevant to the harm the claimant allegedly suffered. Tenn. Code Ann. § 29-39-104(d) (2). The collateral source rule generally applies but has been abrogated in the medical malpractice context. See Dedmon v. Steelman, 535 S.W.3d 431 (Tenn. 2017).

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Tennessee

LINK

Are we adopting best practices or are we letting LABI cherry pick what will increase their profits because Gordon McKernan is a cheesy douchebag?

Go look at the cheapest auto insurance rates and post what the legal regimes look like in the five cheapest states. Let’s look for some commonality and maybe we can do something about it