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Switch the outcome, what could be done to stop trial lawyers?

Posted on 11/17/19 at 11:10 am
Posted by Boston911
Lafayette
Member since Dec 2013
1943 posts
Posted on 11/17/19 at 11:10 am
If Rispone would have won, what changes could have occurred to stop trial lawyers and lawsuit abuse? Serious question because I don’t even know where it would start.
Posted by Napoleon
Kenna
Member since Dec 2007
69078 posts
Posted on 11/17/19 at 11:12 am to
Nothing at all.
You can't legally limit their advertising as it's protected by a supreme court case.

You could change trial and settlement limits.
You could force a lower percentage of winnings, but you would have an easier chance of stopping the cartels from bringing over drugs than stopping frivolous lawsuits.


We should go no fault insurance like Texas, that at least would help.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 11/17/19 at 11:17 am to
Nothing. Trial lawyers will continue to run this state. Tort reform is dead.
Posted by Bass Tiger
Member since Oct 2014
46074 posts
Posted on 11/17/19 at 11:18 am to
I was in NOLA the first week of October for 5 days and had a great time but I was not aware of how many ambulance chasing lawyers called that part of the state home. There was a fricking billboard for lawyer services every 1/4 mile and a lawyer commercial on TV during every break.
Posted by oilattorney4lsu
Baton Rouge
Member since Jul 2009
2068 posts
Posted on 11/17/19 at 11:22 am to
Serious question - why do you want to stop trial lawyers? Because you don’t like seeing the advertisements?
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 11/17/19 at 11:25 am to
quote:

oilattorney4lsu


You a trial lawyer?
Posted by bmy
Nashville
Member since Oct 2007
48203 posts
Posted on 11/17/19 at 11:28 am to
quote:

If Rispone would have won, what changes could have occurred to stop trial lawyers and lawsuit abuse? Serious question because I don’t even know where it would start.


JBE should do this either way
Posted by Fun Bunch
New Orleans
Member since May 2008
115789 posts
Posted on 11/17/19 at 11:28 am to
Because they have been sold on this boogie man trial lawyer as an evil by those with opposing interests, and they bought it like the useful idiots they are.

There’s no point in reasoning with these people. They are completely ignorant.
Posted by berrycajun
Baton Rouge
Member since May 2016
6903 posts
Posted on 11/17/19 at 11:30 am to
I know a lot of conservative medical malpractice attorneys struggled with their vote because the cap on medical malpractice should not be lowered. It’s 500,000 and there are a LOT of really really bad cases out there where 500,000 just doesn’t cover it. They were afraid it would be lowered if Rispone won, and it’s already very hard to win med mal cases at all because they have to go before a medical review panel of doctors in the same field as the defendant, and most of those doctors don’t want to admit a “colleague” of their’s screwed up. The medical malpractice insurance company in Louisiana, LAMMICO, has it good.

I voted Rispone (and I’m not an Atty) But I personally know this was a tough vote for conservative med mal attorneys. I know a few who voted Rispone despite the negative impact it could have on their clients and their careers.
This post was edited on 11/17/19 at 11:32 am
Posted by TowBoat
Member since Nov 2012
11 posts
Posted on 11/17/19 at 11:30 am to
I'm sure the plans or general ideas are on his website. It was one of his main policies he campaigned on after all.
Posted by LSU5508
New Orleans
Member since Nov 2007
3616 posts
Posted on 11/17/19 at 11:44 am to
quote:

There’s no point in reasoning with these people. They are completely ignorant.


The conservatives have done a good job painting the picture that if tort form happens insurance rates will drastically go down. This is blatantly false. While being a litigious state does have some effect, it would not make a drastic difference. Louisiana has one of the highest rates of uninsured drivers in the nation and links insurance rates to your credit rating. These two issues are a much greater driver of high insurance rates than trial lawyers. Trial lawyers operate nationwide and those insurance rates are not through the roof.

I carry a policy with well above average limits but have a high credit rating which allows me to pay less in a year than the tort reform commercials say I should be paying in 6 months. It’s a complex issue that can’t be explained in a 30 second TV ad but does make for good television scare tactics.
This post was edited on 11/17/19 at 11:50 am
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37093 posts
Posted on 11/17/19 at 11:52 am to
Narrow the focus. I know a lot of "trial lawyers" who are prosecutors, criminal defense attorneys, and even some plantiff attorneys who are good people who only take serious, real cases.

Go after the ambulance chasers and the "everything is a class action" attorneys.
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 11/17/19 at 11:53 am to
quote:

JBE should do this either way

Posted by Nguyener
Kame House
Member since Mar 2013
20603 posts
Posted on 11/17/19 at 11:54 am to
Loser pays. And then dies.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71402 posts
Posted on 11/17/19 at 11:54 am to
quote:

Because they have been sold on this boogie man trial lawyer as an evil by those with opposing interests, and they bought it like the useful idiots they are.

There’s no point in reasoning with these people. They are completely ignorant.


Yawns and points at car insurance rates. I don't think it's the end all be all some people do, but it's incredibly disingenuous to argue it has no affect.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26505 posts
Posted on 11/17/19 at 11:55 am to
Nothing. Look at how many state legislators are tort lawyers. Even the GOPs. I always laugh when any person in this state campaigns on tort reform.
Posted by Napoleon
Kenna
Member since Dec 2007
69078 posts
Posted on 11/17/19 at 11:58 am to
Those ads have people lawyering up for every accident even without injury.
Those ads have helped to make our insurance prices insane.
Posted by LSU5508
New Orleans
Member since Nov 2007
3616 posts
Posted on 11/17/19 at 12:01 pm to
quote:

Loser pays. And then dies.


Maybe I just don’t understand this well enough but if you have clear liability, which I assume most auto accidents have, how would this change anything. If you rear end someone and sue, how could you “lose”. Isn’t it just about how much at that point?
Posted by Napoleon
Kenna
Member since Dec 2007
69078 posts
Posted on 11/17/19 at 12:02 pm to
Insurance being linked to credit is a huge reason for so many uninsured drivers.
The poorer people generally have bad credit. When it cost them 300 a month for liability on a 3000 car. They just aren't going to pay.
Posted by LSU5508
New Orleans
Member since Nov 2007
3616 posts
Posted on 11/17/19 at 12:04 pm to
Completely correct. Plus there is a heavy illegal population in Louisiana with no credit.
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