HLS 20RS-221 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 597
BY REPRESENTATIVE NELSON
EVIDENCE: Provides for evidence in personal injury claims
1 AN ACT
2To amend and reenact R.S. 32:295.1(E) and to enact Civil Code Article 2315.11 and Code
3 of Evidence Articles 416 and 607(E), relative to the use of evidence in personal
4 injury claims; to prohibit a presumption of causation in certain circumstances; to
5 provide that evidence of force of impact may be considered to determine the
6 occurrence or nature and extent of injury; to require that certain evidence accompany
7 the testimony of a healthcare provider; to provide for the use of evidence of the
8 failure to wear a safety belt; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Civil Code Article 2315.11 is hereby enacted to read as follows:
11 Art. 2315.11. Presumption of causation of injuries
12 In a claim for personal injury damages that is not raised pursuant to the
13 Louisiana Workers' Compensation Law, the lack of a prior medical history of an
14 illness or injury shall not create a presumption that an illness or injury was caused
15 by the act that is the subject of the claim.
16 Section 2. Code of Evidence Articles 416 and 607(E) are hereby enacted to read as
17follows:
18 Art. 416. Force of impact
19 In a claim for personal injury damages, evidence of the force of impact may
20 be considered to determine the causation of an injury or the nature and extent of any
21 injuries sustained.
22 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-221 ORIGINAL
HB NO. 597
1 Art. 607. Attacking and supporting credibility generally
2 * * *
3 E.(1) In a personal injury claim, a healthcare provider, as defined in Article
4 510, offering evidence on the injuries or required treatment of an injured party shall
5 submit into evidence the amount of any payment anticipated or received on behalf
6 of the injured party for services rendered or testimony provided. Upon request of
7 any party, the healthcare provider shall also introduce into evidence the total amount
8 of payments received in the past five years for testimony provided or services
9 rendered to a party involved in a personal injury case wherein the healthcare provider
10 testified.
11 (2) For purposes of this Paragraph, any payment received by an entity in
12 which an individual healthcare provider has an ownership interest shall be deemed
13 to have been received fully by the healthcare provider individually.
14 Section 3. R.S. 32:295.1(E) is hereby amended and reenacted to read as follows:
15 ยง295.1. Safety belt use; tags indicating exemption
16 * * *
17 E. In any action to recover damages arising out of the ownership, common
18 maintenance, or operation of a motor vehicle, failure of the injured party to wear a
19 safety belt in violation of this Section shall not be considered evidence of
20 comparative negligence. Failure to wear a safety belt in violation of this Section
21 shall not be admitted to mitigate damages reduce the damages awarded to the injured
22 party by the amount of the minimum compulsory motor vehicle bodily injury
23 liability security required by R.S. 32:900.
24 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-221 ORIGINAL
HB NO. 597
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 597 Original 2020 Regular Session Nelson
Abstract: Eliminates the presumption of causation established by lack of prior medical
history, allows for evidence of force of impact to be considered to determine
causation and extent of injuries, requires a testifying healthcare provider to offer into
evidence payments received for services rendered, and requires that damages be
reduced for failure to wear a safety belt.
Proposed law provides that for a personal injury claim that is not raised pursuant to the La.
Workers' Compensation Law, the lack of a prior medical history of an illness or injury shall
not create a presumption that an illness or injury was caused by the act that is the subject of
the claim.
Proposed law provides that in a personal injury claim, evidence of the force of impact may
be considered to determine the causation of an injury or the nature and extent of any injuries
sustained.
Proposed law provides that in a personal injury claim, a healthcare provider offering
evidence on the injuries or required treatment of an injured party shall submit into evidence
the amount of any payment anticipated or received on behalf of the injured party for services
rendered or testimony provided. Proposed law further provides that upon request of any
party, the healthcare provider shall also introduce into evidence the total amount of payments
received in the past five years for testimony provided or services rendered to a party
involved in a personal injury case wherein the healthcare provider testified. Any payment
received by an entity in which an individual healthcare provider has an ownership interest
shall be deemed to have been received fully by the healthcare provider individually.
Present law provides that in an action to recover damages arising out of the ownership,
common maintenance, or operation of a motor vehicle, failure to wear a safety belt shall not
be considered evidence of comparative negligence and shall not be admitted to mitigate
damages.
Proposed law repeals present law and provides that the failure of an injured party to wear a
safety belt shall reduce the damages awarded to the injured party by the amount of minimum
bodily injury insurance coverage required by present law.
(Amends R.S. 32:295.1(E); Adds C.C. Art. 2315.11 and C.E. Arts. 416 and 607(E))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.