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Started By
Message
re: Louisiana is held hostage by the plaintiffs attorneys
Posted on 6/26/24 at 3:35 pm to NaturalBeam
Posted on 6/26/24 at 3:35 pm to NaturalBeam
quote:Not everything works incrementally. Little piddling changes may not make any difference. Often a threshold has to be crossed before anything happens.
But it should've helped some, right?
Again, why is MS noticeably cheaper? They passed tort reform some years ago. What about the other 48 states that are cheaper than. La? If insurance companies were so hell bent on not lowering rates, why are they significantly lower in so many states? It's your ilk that cause this.
This post was edited on 6/26/24 at 3:40 pm
1
Posted on 6/26/24 at 3:42 pm to roux
quote:
The insurance companies don't help things. My SIL got hit and has a fairly new truck. No injuries and minor damage. Probably $2500 - $3000. Insurance wouldn't pay. He finally had to get an attorney & got a payout of $30K. They could have just fixed his truck.
So she wasn’t injured, but got a payout of $30k. You’re basically admitting the problem, that even uninjured people can get a lawyer and get paid for “injuries”.
Overall, the amount of money being paid for injuries is not reflective of the actual injuries, just what plaintiff attorneys and doctors can get for people willing to lie about their injuries.
Posted on 6/26/24 at 3:46 pm to LegalEazyE
quote:
that everyone, all over the country, tries to have their civil cases forum shopped and removed to Louisiana because it is so "friendly" to plaintiffs and juries award exorbitant money damages.
What cases get "removed" to Louisiana? You are only getting removed to federal court.
Posted on 6/26/24 at 3:47 pm to TJG210
quote:Seems like they charge giant premiums because they can
Please explain to the class then why insurance companies don’t want to write/and or charge giant premiums here then. Do they not like us? Everyone blaming the insurance companies never says why we get the shite end of the stick.
No, they don't "like" you. They like your money and that's it. Ever had to file a claim? You'll see how much they like you then.
Again, if this is simply a matter of us needing more tort reforms that other states have, which ones specifically are holding us back that are out of whack with other states? (Hint: don't say collateral source, because we have a system that already favors insurance companies more so than most other states do...)
Posted on 6/26/24 at 3:56 pm to Jake88
quote:Mississippi has collateral source with no exceptions. Plaintiffs there get full billed amounts. In Louisiana, it's only 40% of the difference between billed and paid amounts, after the 2021 reforms.
Again, why is MS noticeably cheaper? They passed tort reform some years ago. What about the other 48 states that are cheaper than. La? If insurance companies were so hell bent on not lowering rates, why are they significantly lower in so many states? It's your ilk that cause this.
AND - Louisiana has long had an exception for Medicaid, so Medicaid plaintiffs only get the amount Medicaid paid. No such exception in Mississippi. Their Medicaid plaintiffs still get the full amount billed.
So since it's much friendlier for plaintiffs in Mississippi than it is in Louisiana on collateral source, what other reforms does Mississippi and other states have that you want us to enact here in LA?
Posted on 6/26/24 at 4:08 pm to Dizz
quote:
What cases get "removed" to Louisiana? You are only getting removed to federal court.
The "attorney" who said that is a moron and was wrong on just about every statement he made. There are a few people who try to "forum shop" and file suit in Orleans Parish. But that is because of the makeup of the juries there, not because of Louisiana tort law. They sure aren't trying to file suit in St. Tammany Parish which also uses Louisiana tort law.
Posted on 6/26/24 at 5:22 pm to NaturalBeam
quote:Then why are rates lower in Mississippi? I'm not an expert, but something is different. Same for dozens of other states. I suspect you know the answer though.
So since it's much friendlier for plaintiffs in Mississippi than it is in Louisiana on collateral source, what other reforms does Mississippi and other states have that you want us to enact here in LA
Posted on 6/26/24 at 5:30 pm to Jake88
quote:I do not know. My only point in this thread is that "tort reform" is often viewed as the one single answer to all our insurance problems - but since our laws are actually in line with these other states (if not more advantageous for the insurance companies than in other states), then I'm ruling tort reform out as the answer.
Then why are rates lower in Mississippi? I'm not an expert, but something is different. Same for dozens of other states. I suspect you know the answer though
Posted on 6/26/24 at 6:36 pm to LegalEazyE
quote:
The first thing I learned in Civil Procedure class in law school is that everyone, all over the country, tries to have their civil cases forum shopped and removed to Louisiana because it is so "friendly" to plaintiffs and juries award exorbitant money damages.
What?
You need to elaborate on this, would love to hear your explanation.
This post was edited on 6/26/24 at 6:42 pm
Posted on 6/26/24 at 6:44 pm to cyarrr
I know some MDLs are forum shopped but that's national and they aren't in LA. When I used to be in that field, the federal court in St Louis was the place you wanted to be.
No way an intro to civ pro prof tried to make an MDL-based argument and then incorrectly used LA as the example.
No way an intro to civ pro prof tried to make an MDL-based argument and then incorrectly used LA as the example.
Posted on 6/26/24 at 6:45 pm to cyarrr
Comically dumb. If a law school taught him that, they need to have their accreditation revoked.
Posted on 6/26/24 at 6:49 pm to SlowFlowPro
Even with MDL, the only forum shopping would be to get the 5th Circuit rather than Louisiana.
Posted on 6/26/24 at 6:52 pm to Brightside Bengal
I was surprised how cheap some of them are.
Paying someone $14 an hour in a professional setting in 2024?
Paying someone $14 an hour in a professional setting in 2024?
Posted on 6/26/24 at 7:07 pm to NaturalBeam
quote:That's convenient for you. Real tort reform will work. If it wouldn't you plantiffs attorneys would not oppose it so actively.
then I'm ruling tort reform out as the answer
Posted on 6/26/24 at 7:42 pm to wheelr
quote:
I was surprised how cheap some of them are. Paying someone $14 an hour in a professional setting in 2024?
Did you see this LegalEazyE? A legal assistant could be just what you need.
Posted on 6/26/24 at 8:15 pm to NaturalBeam
Mississippi has a $2 million cap on general damages (non-economic damages)
Posted on 6/26/24 at 8:43 pm to Jake88
quote:Got any examples of what these lower premium paying states are doing that we so desperately need to implement?
Real tort reform will work
Posted on 6/26/24 at 8:51 pm to cmac5125
quote:Looks like 8 states have caps (including Mississippi) and 42 do not. Maybe that would help, but doesn’t really explain why our rates are so much higher than those other 42 states. And the number of auto claims where available insurance exceeds $2MM must be <1%, so the number of cases that cap would effect would be minuscule.
Mississippi has a $2 million cap on general damages (non-economic damages)
Posted on 6/26/24 at 8:57 pm to Brightside Bengal
Welp 12 attorneys viewing this thread lol
Posted on 6/26/24 at 10:05 pm to NaturalBeam
quote:I don't have time to dig into that.
Got any examples of what these lower premium paying states are doing that we so desperately need to implement?
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