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Bill > SB108


LA SB108

LA SB108
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)


summary

Introduced
04/03/2025
In Committee
04/14/2025
Crossed Over
Passed
Dead
06/12/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT To amend and reenact R.S. 9:2800.27(B), (F) and (G) and Code of Civil Procedure Arts. 1732 and 1733(A)(2)(a), and to enact Civil Code Art. 2315.12, relative to civil actions; to provide relative to trial procedure and admissibility of evidence; to provide relative to collateral sources; to provide relative to limitations on award of medical expenses; to provide relative to recoverable medical expenses; to provide relative to automobile liability insurance coverage; to provide relative to discovery; to provide relative to certain presumptions; to provide for exceptions; to provide relative to limitation upon jury trials; to provide relative to delictual and quasi- delictual actions; to provide relative to the jury trial threshold; to provide relative to cash deposits for jury trials; to provide for prospective application; and to provide for related matters.

AI Summary

This bill makes several significant changes to Louisiana civil law regarding medical expenses, jury trials, and personal injury claims. First, it modifies how medical expenses can be recovered in lawsuits, limiting plaintiffs to the actual amount paid by health insurance or Medicare, rather than the full billed amount, and allowing plaintiffs to recover 30% (reduced from 40%) of the difference between billed and paid amounts to cover procurement costs. The bill also changes jury trial rules by adjusting the monetary threshold for jury trials and reducing the cash deposit required to request a jury trial from $5,000 to $4,000. Additionally, the bill introduces a new legal provision stating that the absence of a prior medical history cannot automatically create a presumption that an injury was caused by the incident in question. These changes apply only to future lawsuits filed after the bill's effective date and do not impact existing cases. The bill aims to modify civil procedure, evidence admissibility, and damage calculations in personal injury and medical expense litigation, potentially making such cases more predictable and standardized for both plaintiffs and defendants.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary A. (on 04/14/2025)

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