Prohibits certain collateral source benefits from being claimed as set-offs of damages for civil liability purposes. (8/1/20)
Impact
The primary impact of SB 247 is the safeguarding of plaintiffs' rights to full compensation for their injuries. By preventing collateral source benefits from reducing the damages owed by the tortfeasor, the bill ensures that plaintiffs can recover the total damages they might be entitled to, regardless of other reimbursements. This legislative change could lead to higher liability for insurers and individuals deemed liable in civil cases since they must account for the full scope of damages without relying on collateral benefits as offsets.
Summary
Senate Bill 247, enacted on August 1, 2020, addresses issues related to civil liability and damages in Louisiana law. The bill essentially prohibits the reduction of a plaintiff's recovery amount due to payments received from collateral sources, such as insurance, that are unrelated to the actions of the tortfeasor. This means that when a plaintiff is injured and receives compensation from another source, that compensation cannot be used to lessen the financial liability of the responsible party.
Sentiment
The sentiment around SB 247 appears to lean positively among proponents who see it as a necessary reform to support plaintiffs' rights in civil cases. Advocates argue that it promotes fairness in liability by ensuring that victims receive full compensation for their damages. However, the bill has also drawn concern from certain parties, such as liability insurance providers and tort reform advocates, who argue that it could increase the financial burden on defendants and complicate liability insurance processes.
Contention
Notable points of contention regarding SB 247 center on the implications for insurance practices and the broader liability landscape. Critics worry that the bill could lead to higher premiums for liability insurance as companies might anticipate larger payouts in civil cases. Additionally, there are concerns regarding the balance of power between plaintiffs and defendants in civil proceedings, as the bill exclusively favors the former by ensuring that collateral benefits cannot diminish recovery amounts.
Modifies provisions relating to civil procedure, including the collateral source rule, time-limited settlement demands, references to damages, and disclosure requirements
Modifies provisions relating to civil procedure, including the collateral source rule, determinations of fault, references to damages, and disclosure requirements
An Act Concerning The Reduction Of Economic Damages In A Personal Injury Or Wrongful Death Action For Collateral Source Payments Made On Behalf Of A Claimant.
Modifies provisions relating to civil procedure, including the collateral source rule, interstate depositions and discovery, determinations of fault, references to damages, and disclosure requirements
"Personal Injury Trust Fund Transparency Act;" requires plaintiff to file personal injury trust claims under certain circumstances; addresses allocation of trust claims; establishes scheduling and discovery requirements for certain tort actions.