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Started By
Message
re: Tort (Legal) Reform is by far the biggest issue in the Louisiana Governor’s race
Posted on 9/26/23 at 7:36 am to udtiger
Posted on 9/26/23 at 7:36 am to udtiger
quote:
Some state bar association needs to nut up and challenge the Arizona decision. I think the current state of the Civil justice system is proof lawyer advertising should be constrained.
The issue of advertising is tricky and you run into first amendment issues. If you address the statutory issues, the advertising won't matter.
Also- another issue that isn't as easy to fix is the nuclear jury verdicts. When you are dealing with a largely poor and uneducated population, emotion replaces rationality. This is why lawyer advertising is targeted to poorer areas, daytime TV and now thanks to NIL, sports. Its not a coincidence.
1
Posted on 9/26/23 at 7:43 am to udtiger
I like these, especially the future medical. The true problem with personal injury case values is the unholy alliance btwn doctors and personal injury lawyers. These ppl get a love tap in a parking lot at 5 miles per hour and suddenly they need injections forever. 
I think the “loser pays” thing should only exist in frivolous situations.
Anyone who thinks we need to eliminate bad faith actions has never been sued and had to rely on their insurer to protect them, or been through a hurricane.
I did have one atty make a suggestion that I liked regarding bad faith insurance claims . . . The penalties should increase based on the duration of the denial/delay by the carrier.
After 60 days, an insurer has no incentive to pay any faster. Penalties are the same. So they may as well drag it out until the market improves or other external factors over which an insured has no control.
I don’t think a general damages cap is a good idea unless you can come up with something less squishy than “all but the most serious cases.” You just never know what will happen. We have protections in our laws to deal with those.
I think the jury trial limit should be reduced in MVA cases to the amount of insurance carried by the plaintiff’s driver. And zero if the plaintiff has no insurance.
I would add that the problem isn’t plaintiff lawyers in the legislature, it’s the plaintiff lawyers who purchase the guy on the bench. I’m still pissed about that Louise Myers horror that is in the 19th JDC. The best approach to tort reform is appointment of judges and to have as many juries as possible.
I think the “loser pays” thing should only exist in frivolous situations.
Anyone who thinks we need to eliminate bad faith actions has never been sued and had to rely on their insurer to protect them, or been through a hurricane.
I did have one atty make a suggestion that I liked regarding bad faith insurance claims . . . The penalties should increase based on the duration of the denial/delay by the carrier.
After 60 days, an insurer has no incentive to pay any faster. Penalties are the same. So they may as well drag it out until the market improves or other external factors over which an insured has no control.
I don’t think a general damages cap is a good idea unless you can come up with something less squishy than “all but the most serious cases.” You just never know what will happen. We have protections in our laws to deal with those.
I think the jury trial limit should be reduced in MVA cases to the amount of insurance carried by the plaintiff’s driver. And zero if the plaintiff has no insurance.
I would add that the problem isn’t plaintiff lawyers in the legislature, it’s the plaintiff lawyers who purchase the guy on the bench. I’m still pissed about that Louise Myers horror that is in the 19th JDC. The best approach to tort reform is appointment of judges and to have as many juries as possible.
Posted on 9/26/23 at 7:44 am to John Coctostan
quote:
Simply changing the law to prevent WC claimants from choosing their own doctor for WC purposes would have a huge positive impact on the state’s economy.
Amen, brother! This single issue would save hundreds of thousands of dollars per claimant for LA businesses. This is also one of the biggest and most lucrative rackets in the legal/medical industries.
There’s a reason why the same docs are sought on comp claims. This is absolutely needed.
Posted on 9/26/23 at 7:47 am to DevilDagNS
quote:
nuclear jury verdicts
This is curable and there are legal protections for litigants.
The absolute problem is the judges who are owned by the plaintiff bar in every jurisdiction.
Posted on 9/26/23 at 7:53 am to Kreg Jennings
It’s a big issue, but not as big as changing the constitution and changing our tax code; however, it is getting more run now with insurance so high and the in your face trial attorneys bombarding us every day with ads.
Posted on 9/26/23 at 8:01 am to Kreg Jennings
Didn’t Jeff Landry refuse to investigate some firm who blatantly defrauded Louisiana citizens?
Posted on 9/26/23 at 8:06 am to Kreg Jennings
quote:
A good first step would be to lower the jury threshold to $0 like the majority of states.
I understand the theory, but you do understand the reason our PI system is so profitable is jury awards, ultimately, right?
Those are used to create the quantum amounts used to calculate settlements. LA juries are very generous and that is the heart of the issue.
Posted on 9/26/23 at 8:08 am to udtiger
quote:
Loser pays (including attorneys fees)
THAT is going to increase insurance costs exponentially
quote:
Cap on general damages for all but most severe injuries
How do you adequately regulate this in a system full of idiosyncrasies? That's big government run amuck.
quote:
Mandatory mediation before pretrial conference.
Most cases end up here, but it's not going to do much if parties can just walk away. Again, this will increase costs and flow to consumers with higher rates.
Posted on 9/26/23 at 8:13 am to SlowFlowPro
quote:Aren’t these amounts suggested to the jury? If so by whom?
jury awards
Posted on 9/26/23 at 8:24 am to White Bear
The $400 M verdict will be lowered on appeal , however it may be decided by the US Supreme Court
Posted on 9/26/23 at 8:29 am to udtiger
If you want to curb giant verdicts, you hit future Medicals and non-economics
Loser pays won’t do anything. The PI machines don’t even sign up those types of cases.
Loser pays won’t do anything. The PI machines don’t even sign up those types of cases.
Posted on 9/26/23 at 8:42 am to NIH
quote:
Loser pays won’t do anything. The PI machines don’t even sign up those types of cases.
Arguing for loser pays when dealing with PI mills is insanity. Every one of those cases will get a bump for attorney's fees with loser pays, because 99%+ of cases with claims filed have clear liability, so the insurer is going to be paying attorney's fees in those 99%+ of cases. How is that going to lower costs to consumer?
quote:
If you want to curb giant verdicts, you hit future Medicals and non-economics
That's the easiest for the middle-large verdicts for sure, the problem is that a bunch of "small government conservatives" are now demanding government intervention into economic avenues. It is showing their true colors.
Posted on 9/26/23 at 8:50 am to udtiger
Ooooh, actual proposals up in this thread.
A rarity!
A rarity!
Posted on 9/26/23 at 8:52 am to SlowFlowPro
The real question is…which candidate for Governor will get major Tort reform across the finish line?
Posted on 9/26/23 at 8:54 am to SlowFlowPro
quote:
Those are used to create the quantum amounts used to calculate settlements. LA juries are very generous and that is the heart of the issue.
That's what I never got about the last round of threshold bills filed.
And it would be nice to see some numbers the next time this is debated.
Posted on 9/26/23 at 9:00 am to SlowFlowPro
Florida tops personal injury claims, Louisiana in Top 10
I'm not a lawyer and not an expert on this topic. However, being No. 6 on this list is not a good place to be. It causes higher insurance rates and creates a negative business environment.
It's probably a combination of multiple factors, including demographics and the legal climate.
Whatever the states at the bottom of the list are doing, Louisiana needs to mimic.
quote:
New research released by a Florida-based personal injury firm shows the states with the most personal injury cases per capita—and Florida leads the way with 1,237% more filings than the national average.
Ohio, New Jersey, South Carolina and Illinois rounded out the top five. Other states finishing out the top 10 included Louisiana, Minnesota, Indiana, Georgia and New Hampshire.
I'm not a lawyer and not an expert on this topic. However, being No. 6 on this list is not a good place to be. It causes higher insurance rates and creates a negative business environment.
It's probably a combination of multiple factors, including demographics and the legal climate.
Whatever the states at the bottom of the list are doing, Louisiana needs to mimic.
Posted on 9/26/23 at 9:03 am to NIH
quote:
Loser pays won’t do anything. The PI machines don’t even sign up those types of cases
Ding
They won't take/prosecute the shady cases
Insurers won't fight the cases they shouldn't fight.
Posted on 9/26/23 at 9:10 am to Wednesday
quote:
I did have one atty make a suggestion that I liked regarding bad faith insurance claims . . . The penalties should increase based on the duration of the denial/delay by the carrier.
After 60 days, an insurer has no incentive to pay any faster. Penalties are the same. So they may as well drag it out until the market improves or other external factors over which an insured has no control
The penalties do increase.
22:1973 damages (in which penalties are based) are the consequential damages arising from the breach of the 1973 duties - NOT the amount owed by the insurer. So, in most cases, to the extent there are actual damages arising from.the breach, they will increase over time, thereby increasing the penalty (2 times the damages)
Posted on 9/26/23 at 9:11 am to Kreg Jennings
quote:
The real question is…which candidate for Governor will get major Tort reform across the finish line?
The governor can only deal with what the legislature gives him. If we can't get good legislation passed, its doesn't matter who the governor is.
Posted on 9/26/23 at 9:12 am to Kreg Jennings
Tort reform will never happen! Ever!!!!
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