Provides for recoverable medical expenses, limitation upon jury trials and admissibility of evidence in civil actions. (8/1/25) (OR INCREASE LF EX See Note)
The proposed legislation is expected to have considerable consequences on the legal landscape regarding civil actions in Louisiana. By limiting the recoverable medical expenses to what was actually paid rather than billed, the bill may ease the financial pressure on insurers while also raising concerns among trial attorneys who feel it undercuts the value of claims. Additionally, the changes to jury trial availability and the cash deposit requirements could deter individuals from pursuing litigation in cases where claims are below certain thresholds, further influencing access to justice for prospective plaintiffs.
Senate Bill No. 108, introduced by Senator Miller, aims to amend and reenact certain provisions of Louisiana civil procedure pertaining to recoverable medical expenses, the limitations upon jury trials, and the admissibility of evidence in civil actions. The bill sets forth provisions regarding how medical expenses may be recovered in civil cases where costs are paid by health insurance or Medicare, emphasizing that the recovery amount is limited to what has actually been paid rather than the amount billed. A notable change includes the reduction of the percentage awarded to claimants from 40% to 30% of the difference between billed and paid amounts, and it highlights specific rules regarding jury trials and evidence presentation during these proceedings.
The sentiment surrounding SB 108 appears to be sharply divided. Supporters argue that the bill will streamline civil cases involving medical expenses and provide clarity regarding recoverable amounts, ultimately making the process more efficient for the courts. Opponents, particularly within trial lawyer associations, argue that it places unnecessary limitations on claimants and restricts their rights to seek full compensation for damages incurred. The shift in sentience is indicative of broader debates within the state regarding the rights of plaintiffs in civil lawsuits and the influence of insurance companies.
Notable contention within the discussions of SB 108 includes concerns about the impact of the legislation on the fairness of civil trials and the overall health of the legal system in Louisiana. Critics express that the limitation on jury trials and the restrictions on what can be presented as evidence may undermine the ability of juries to make fully informed decisions based on the merits of a case. Additionally, the application of these provisions only to future claims raises concerns about the retroactive impact these changes may have on ongoing litigation, which further complicates the legislative discourse surrounding the bill.