Louisiana’s New Laws Transform Personal Injury Landscape for Lawyers

News Summary

Louisiana has enacted new laws that reshape the personal injury claims process, focusing on incidents related to land and fixed structures. Under the new legislation, claimants face a higher burden of proof and stricter comparative fault guidelines. The statute of limitations for personal injury claims has also been extended from one to two years. These changes aim to create a fairer environment for both claimants and defendants, a move closely watched by legal professionals in the state.

Louisiana’s New Laws Reshape Personal Injury Landscape

In a notable shift within the realm of personal injury claims, Louisiana has passed a slew of new laws that significantly alter the legal landscape for injured parties. These legislative changes primarily focus on claims arising from incidents involving land, as well as those stemming from fixed structures in both state waters and the Outer Continental Shelf. The recently enacted laws are aimed at refining the processes surrounding personal injury claims and ensuring a more balanced approach between claimants and defendants.

Key Legislative Changes

One of the pivotal changes is the enactment of Code of Evidence Article 306.1, which effectively overturns the previous Housley Presumption. Under this presumption, once a claimant could demonstrate that their injury did not exist prior to the incident, the law would automatically presume that the injury resulted from the accident. The new Article 306.1 explicitly states that “the lack of a prior history of an illness, injury, or condition shall not create a presumption” regarding causation from the accident. This change increases the burden of proof for claimants, mandating that they provide clearer evidence to establish a direct connection between their injury and the accident in question.

Additionally, the amendment to Civil Code Article 2323(A) introduces new guidelines regarding comparative fault in personal injury cases. Previously, damages could be reduced based on a claimant’s percentage of fault. However, the modification establishes that if a claimant is found to be at least 51% at fault for their injuries, they will be barred from recovering any damages whatsoever. For claimants categorized as less than 51% at fault, damages will still be recoverable but reduced in proportion to their fault.

Jurors Informed of New Fault Guidelines

Accompanying these modifications is the enactment of Civil Code Article 2323(D), which mandates that juries receive instructions regarding the implications of these alterations relating to comparative fault. This aims to ensure that juries understand the appropriate assessments of fault when rendering their decisions on liability and compensation.

Extended Timeframe for Claims

In a considerable shift designed to support claimants, Louisiana has also extended the statute of limitations for personal injury claims from one year to two years. The previous one-year filing period was notably the shortest in the nation, often creating hurdles for individuals seeking to accurately resolve claims, particularly those involving serious injuries. The new two-year period provides claimants with ample time to reach maximum medical improvement (MMI) and more accurately ascertain damages related to future medical treatment and lost wages, fostering a fairer resolution process for all parties involved.

Judicial Interpretations of Damages

Recent rulings from the Louisiana Supreme Court further illuminate the evolving landscape of personal injury jurisprudence in the state. In a recent case, the Supreme Court reinstated a significant jury award for a truck driver injured in a critical accident. Initially, a nearly $19 million judgment was reduced due to concerns over excessive jury awards. However, following a re-hearing, much of that compensation was restored. The original award comprised $10.75 million in general damages, $2.7 million for medical expenses and lost wages, along with additional compensation for loss of consortium for the driver’s family.

This decision underscored the necessity of considering the specific circumstances surrounding individual cases when determining appropriate damages, indicating a judicial commitment to ensuring fairness in outcomes.

The Bigger Picture

Overall, the recent legislative changes combined with the Louisiana Supreme Court’s rulings showcase a concerted effort to create a more equitable environment for both claimants and defendants in personal injury cases. As the state continues to refine its approach to personal injury law, stakeholders are urged to stay informed about these substantial modifications and their implications on future litigation.