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Bill > HB435


LA HB435

LA HB435
Provides limitations relative to claims for general damages


summary

Introduced
04/04/2025
In Committee
04/30/2025
Crossed Over
04/29/2025
Passed
Dead
06/12/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

AN ACT To enact R.S. 22:1899, relative to payment of certain claims; to provide for certain injury claims; to provide for limitations; to provide for definitions; and to provide for related matters.

AI Summary

This bill establishes new limitations on general damages in Louisiana civil lawsuits by defining and capping the amount of non-economic damages that can be awarded. Specifically, the bill defines "general damages" as subjective, non-monetary compensation for things like pain and suffering, emotional distress, loss of companionship, and other intangible harms, distinguishing these from "special damages" which are objectively verifiable monetary losses like medical expenses and lost income. The legislation places a strict cap of $5 million on general damages that can be awarded to any single plaintiff in a tort (civil wrong) lawsuit. Importantly, in jury trials, jurors will not be informed about this damage limitation, but judges are required to reduce any general damage awards that exceed the $5 million threshold. The bill is careful to note that it does not create new legal causes of action or determine which types of damages are generally recoverable, but rather focuses on establishing a clear monetary ceiling for non-economic damages. This type of legislation is often aimed at controlling litigation costs and preventing what some view as excessive damage awards.

Committee Categories

Justice

Sponsors (35)

Last Action

Senate Committee on Judiciary A (09:00:00 5/28/2025 John J. Hainkel, Jr. Room) (on 05/28/2025)

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