As we move through 2024, several new laws in Louisiana are coming into effect that could significantly impact personal injury claims. At The Johnson Firm, we want to ensure you understand these changes and how they might affect your ability to seek compensation if you’ve been injured. Let’s break down some of the key changes in simple terms.
More time to file your injury claim
One of the most significant changes for personal injury cases is the extension of the statute of limitations for filing a lawsuit. Previously, victims had only one year from the date of injury to initiate a lawsuit. The new law, HB 315 (Act 423), extended this period to two years. This gives you more time to assess the full impact of your injury, receive ongoing treatment, and decide the best course of action for your situation.
Remember, this change applies only to incidents that occur on or after July 1, 2024 and does not apply to product liability claims, which remain under the one-year limitation. |
Harder to sue insurance companies directly
The new changes also redefine when you can directly sue an insurance company. Under the revised law, HB 337 (Act 275), direct actions against insurers are largely eliminated except under specific conditions such as the insurer’s insolvency, the policyholder’s death, or when dealing with uninsured motorist claims.
In most personal injury cases, your lawsuit will primarily be against the alleged tortfeasor (the person who caused the harm) rather than their insurer, except in these limited scenarios.
Insight from The Johnson Firm Insurance companies had this change made because they were scared of their name being on the caption of the case and believed that the jury knowing who forced this case to trial would hurt them. Like it should, instead, they want to hide behind their policyholder instead of taking responsibility and standing next to them, so they can suggest that the policyholder can’t pay the judgment. |
Where to file a lawsuit against an out-of-state insurance company
Another noteworthy adjustment is where lawsuits against foreign insurers can be filed. Previously, actions against out-of-state insurers could always be filed in East Baton Rouge Parish, as well as other Parishes that might apply under the normal rules of venue. With HB 88 (Act 595), the legislature removed the ability to file every case against foreign insurers in East Baton Rouge Parish. This change could influence where you might bring a lawsuit, potentially affecting the strategy and logistics of your personal injury case.
Insight from The Johnson FirmEast Baton Rouge Parish has been a parish where injured people tend to file lawsuits because juries and Judges in that parish often favor the injured person. Because the insurance companies could not win in the Courtroom, they decided to change the rules to force lawsuits to be filed in venues where they have persuaded jurors to vote in their favor. |
Transparency in third-party litigation funding
SB 355 (Act 765) introduces new regulations concerning third-party litigation funding, requiring more transparency. Any agreements providing funds to support litigation in exchange for a potential future payout based on the case’s outcome must be disclosed. This ensures all parties know any external financial interests that may influence the case.
Modifications to offers of judgment
The rules regarding offers of judgment have also been tweaked to provide more strategic options for settlement negotiations. According to SB 84 (Act 502), defendants can now recover costs if they receive a defense verdict, regardless of the previous requirement that the final judgment be less favorable to the plaintiff by at least 25% compared to their offer. This change could affect how settlements are negotiated and may influence the decision to go to trial.
What these changes mean for you
Navigating these new laws can be complex, but you don’t have to do it alone. The Johnson Firm is dedicated to understanding these changes and how they impact our clients. We’re here to help you every step of the way, ensuring you have the best chance to receive the compensation you deserve.
If you have questions about a personal injury claim or how these new laws might affect your case, contact us online or at (337) 433-1414. We’re ready to help you understand your rights and guide you through the legal process with expertise tailored to the new laws in 2024.