House Passes 14 Tort Bills
Caps damage awards in lawsuits at a maximum of $5 million.
HB435
Authored by Rep. Peter EganIn any civil lawsuit arising from a delictual (tort) action, the defendant shall not be required to pay more than $5 million in general damages to any one plaintiff. The bill does not create a new cause of action or define the types of damages recoverable; it solely imposes a limitation on the amount of general damages. General damages are defined as subjective, non-economic damages such as pain and suffering, emotional distress, loss of companionship, and similar
Limiting Attorney Contingency Fees in Tort Cases
HB439
Authored by Rep. Troy HebertIn delictual actions, attorneys are prohibited from charging more than 10% as a contingency fee on the first $15,000 of any recovery. For many lawyers, that isn’t worth the time, effort, or risk, especially when upfront costs (filing fees, records, expert opinions) may eat into that amount.
Limits lawsuits by uninsured drivers.
HB434
Authored by Rep. Jason DewittCurrently, uninsured drivers are barred from recovering the first $15,000 of bodily injury and $25,000 of property damage in a motor vehicle accident. HB 434 seeks to raise these thresholds to $100,000 for both bodily injury and property damage. Supporters argue that this change will encourage more drivers to obtain the required insurance, thereby reducing the number of uninsured motorists on the road.
Attorneys who reasonably expect to earn a fee of $1,000 or more must file a disclosure of their interest in the case with the court.
HB449
Authored by Rep. Josh CarlsonWhen an attorney expects to earn fees of $1,000 or more—either personally or through a law firm—they must formally disclose that interest in court. This helps judges, juries, and the public understand who stands to benefit from a lawsuit and by how much. By shining light on potential profit motives, the bill aims to discourage frivolous or inflated claims and promote ethical behavior within the legal profession. It also ensures that financial interests aren’t hidden behind legal entities, and gives courts a mechanism to enforce compliance through sanctions and disciplinary action.
Blocks non-citizens from cashing in on accident lawsuits.
HB436
Authored by Rep. Gabe FirmentLouisiana HB 436 prohibits illegal immigrants from recovering general damages—like pain and suffering—or lost wages if they’re involved in a car accident. They can still collect for medical bills and property damage, but emotional and income-related claims are off the table.
The one who caused a wreck can no longer sue the victim for damages.
HB431
Authored by Rep. Emily ChenevertIndividuals who are found to be equally or more responsible for their injuries would no longer be eligible for compensation, potentially reducing the number of successful claims. he shift aligns Louisiana with the majority of states that use a modified comparative fault system, potentially impacting how personal injury cases are litigated and settled in the state.
Plaintiff must prove injuries were actually caused by the accident.
HB450
Authored by Rep. Michael Melerine
HB 450 aims to remove the legal presumption that an injury was caused by an accident if the claimant was in good health before the incident, began experiencing symptoms afterward, and the symptoms are consistent with the type of accident. The bill explicitly states its intent to overrule the Louisiana Supreme Court decision in Housley v. Cerise, 579 So. 2d 973 (La. 1991).
The jury must hear the actual cost of the hospital bill.
HB34
Authored by Rep. Brian GloriosoHB 34 aims to align awarded medical damages more closely with the actual costs incurred, thereby reducing inflated judgments and promoting fairness in civil cases.
Plaintiffs must notify the defendant in writing within 10 days of filing suit.
HB443
Authored by Rep. Chance Henry
Plaintiffs' attorneys must notify the defendant and the defendant's insurer in writing within 10 business days of being retained, if the defendant has insurance that may cover a portion of the damages. Early notification can facilitate timely investigations and potential settlements, reducing litigation costs and court burdens.
Funds awarded for future medical care in personal injury lawsuits must be used exclusively for that purpose.
HB427
Authored by Rep. Dennis BamburgIf a party is held liable for damages and the court determines the claimant needs future medical care, the liable party (or their insurer) may place the amount due for future medical care into a reversionary medical trust. The trustee is responsible for reviewing invoices submitted by the claimant, preparing vouchers or warrants, and evaluating and settling claims related to the payment of future medical care.
Regulates and brings transparency to third-party litigation financing.
HB432
Authored by Rep. Emily Chenevert
Attorneys must disclose the existence of a litigation financing contract and provide a copy to their client within 30 days of being retained or entering into the agreement, whichever is earlier. The existence of a litigation financing contract is subject to discovery in accordance with the Code of Civil Procedure and Code of Evidence in all civil actions. A litigation financer cannot receive or recover more than the plaintiff's share of the proceeds after attorney fees and costs have been paid.
Provides an alternative dispute resolution mechanism that could reduce litigation costs and expedite claim resolutions.
HB379
Authored by Rep. Mark WrightHB 379 lets property insurance companies offer mandatory arbitration clauses in their policies—but only if they give customers a discount and clearly explain what rights they’re giving up. Policyholders must also be offered a version of the policy without arbitration, ensuring they have a real choice.
Accident victims should use their health insurance for medical bills—if they don’t, the court can lower their payout.
HB440
Authored by Rep. Chance Henry
HB 440 encourages accident victims to use their own health insurance to cover medical bills before turning to the at-fault driver’s insurance. If they don’t, the court can reduce their payout—unless they can show a valid reason, like their insurance not covering certain treatments or limiting their choice of doctor.
Extends the prescriptive period (or statute of limitations) for filing wrongful death lawsuits.
HB291
Authored by Rep. Jay GalleProponents argue that the previous one-year limit may have pressured grieving families into hastily filing claims, whereas the extended period allows for more thoughtful decision-making.
The extension aligns Louisiana's prescriptive period with that of many other states, offering families additional time to process their loss and prepare for potential legal action.