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Tort reform in Louisiana - you can only choose 3
Posted on 2/16/24 at 5:46 pm
Posted on 2/16/24 at 5:46 pm
1) Cap on total general damages of $500k per claimant/plaintiff
2) Future medical expenses have to be put in reversionary trust
3) Loser pays (applies to parties AND attorneys)
4) Appointed judges - retention elections (limit of 3 terms)
5) Increase mandatory minimum insurance coverage to 25/50/50
6) Binding arbitration clauses in insurance policies valid
7) Complete elimination of direct action except in 1st party cases
8) 863 sanctions mandatory
9) Attorney advertising prohibited
10) No special weight to opinion of treating physician
11) Two (2) year prescription*
12) Mandatory disclosure of insurance limits
13) "penalty" for failure to accept offer of judgment to include award of attorney's fees
*there needs to be some sort of protection against spoliation - otherwise a claimant can have had a surgery and a year of prior treatment before that before the insurer even knows about the potential claim
2) Future medical expenses have to be put in reversionary trust
3) Loser pays (applies to parties AND attorneys)
4) Appointed judges - retention elections (limit of 3 terms)
5) Increase mandatory minimum insurance coverage to 25/50/50
6) Binding arbitration clauses in insurance policies valid
7) Complete elimination of direct action except in 1st party cases
8) 863 sanctions mandatory
9) Attorney advertising prohibited
10) No special weight to opinion of treating physician
11) Two (2) year prescription*
12) Mandatory disclosure of insurance limits
13) "penalty" for failure to accept offer of judgment to include award of attorney's fees
*there needs to be some sort of protection against spoliation - otherwise a claimant can have had a surgery and a year of prior treatment before that before the insurer even knows about the potential claim
This post was edited on 2/16/24 at 6:00 pm
39
Posted on 2/16/24 at 5:47 pm to udtiger
Posted on 2/16/24 at 5:48 pm to Proximo
Trying to get a discussion going, and show tort reform can't be addressed in a special session
Posted on 2/16/24 at 5:49 pm to udtiger
What changes came from the last time this happened?
Posted on 2/16/24 at 5:49 pm to udtiger
Add no pay / no play and I’m good
Posted on 2/16/24 at 5:49 pm to udtiger
No more blood sucking lawyer commercials or billboards!!!!
Posted on 2/16/24 at 5:50 pm to crewdepoo
quote:
What changes came from the last time this happened
Weak assed half measures.
Confusing as shite rules regarding collateral source and weird change to jury trial threshold.
Posted on 2/16/24 at 5:50 pm to djcaz33
quote:
Add no pay / no play and I’m good
32:866
Posted on 2/16/24 at 5:52 pm to udtiger
And if you don’t like that, the state can pay the costs of uninsured motorist
Posted on 2/16/24 at 5:54 pm to udtiger
Add two year prescription and mandatory disclosure of limits as options.
Posted on 2/16/24 at 5:55 pm to boosiebadazz
Also offer of judgment contemplates attorneys fees.
Posted on 2/16/24 at 5:58 pm to udtiger
quote:
4) Appointed judges - retention elections (limit of 3 terms)
I think it’s Missouri that had a commission that screens and chooses three candidates for judge and the public elects one of the three. I always thought that could be a good system. Not sure I’d want a purely appointed judiciary.
I’d also add 11) Reinstate Sovereign Immunity or institute a claims process like the Texas Tort Claims Act. It would save us millions in taxes.
Posted on 2/16/24 at 6:02 pm to Suntiger
quote:
I’d also add 11) Reinstate Sovereign Immunity or institute a claims process like the Texas Tort Claims Act. It would save us millions in taxes
Louisiana basically still has it. Can't enforce a judgment against the state (or political subdivision) and can only collect if appropriated. Frankly, I think it's chickenshit. Either have it, or don't.
Posted on 2/16/24 at 6:30 pm to udtiger
14) Lower the right to a jury threshold to all personal injury claims over $5000.
Posted on 2/16/24 at 6:35 pm to beachdude
What’s it at now?
Posted on 2/16/24 at 6:56 pm to udtiger
What does mandatory disclosure of limits accomplish?
Posted on 2/16/24 at 6:58 pm to udtiger
Attorney fees can only be taken from general damages; and
Past and future medical are limited to average cost of area in which plaintiff resides or some sort of schedule similar to WC.
This is all you need. The claims will fall back into line in no time.
Past and future medical are limited to average cost of area in which plaintiff resides or some sort of schedule similar to WC.
This is all you need. The claims will fall back into line in no time.
Posted on 2/16/24 at 7:01 pm to udtiger
quote:
Tort reform in Louisiana - you can only choose 3
--- Offer two parallel options for plaintiffs.
The plaintiff can choose one or the other.
Option One:
An adversarial approach virtually identical to our current Tort System, but with the requirement that the loser pays the winner's costs. I'd propose the elimination of caps for pain and suffering under this option. (Danish Model differs slightly here. Goes with sanctions rather than remuneration)
Option Two:
A Worker's Comp type system. Injured patients would bring claims before a review board responsible for determining if compensation is in order and, if so, how much. The Board would then authorize payment out of a "compensation pool" which would be immediately awarded to the plaintiff. For a patient to get paid, the board would not have to find the doctor at fault, or that medical negligence caused whatever pain and suffering the patient is experiencing. Money for patient relief would come from a national compensation fund paid for by malpractice premiums placed on doctors, hospitals, pharmaceutical companies, etc.
The goal of such a system is not to find fault or establish causation. It is to provide compensation to injured patients regardless of cause.
This dual option mechanism is employed in various forms throughout Europe.
The vast majority of plaintiffs go with Option #2.
Posted on 2/16/24 at 7:04 pm to udtiger
Oh yeah private party lawsuits are definitely what’s ailing Louisiana
Posted on 2/16/24 at 7:18 pm to boosiebadazz
quote:
What’s it at now? [jury trial threshold]
I believe it is $50,000 and way out of line with all other jurisdictions in the country.
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