Provides relative to certain prescriptive periods for delictual actions. (8/1/20)
Impact
The proposed law is set to modify existing codes in the Civil Code related to delictual actions, effectively doubling the timeframe in which plaintiffs can file claims. This change could benefit potential plaintiffs by giving them additional time to gather evidence, assess the viability of their claims, and prepare their case before the statutory period runs out. The extension may also alleviate some of the pressures individuals face when dealing with the aftermath of accidents or property damage, which is particularly critical when injuries require time for recovery.
Summary
SB96, sponsored by Senator Ward, aims to amend the prescriptive periods for certain delictual actions in Louisiana's Civil Code. The bill seeks to extend the time frame from one year to two years for filing actions related to damages caused by delictual events. Specifically, this change would apply to claims arising from personal injuries and property damage, thereby providing a longer window for individuals to seek legal recourse after sustaining harm or damage.
Sentiment
The sentiment around SB96 appears to be largely supportive among those advocating for victims' rights, as it aligns with a broader movement to enhance access to justice. Supporters of the bill argue that extending the prescriptive periods is a necessary measure to ensure that victims have ample opportunity to pursue their claims. However, there are concerns among some legal professionals that the extension could lead to challenges in gathering evidence and defense strategies as more time elapses between the incident and trial.
Contention
While many proponents celebrate the additional time for potential plaintiffs, critics raise questions about the implications of extending the prescriptive periods. There are fears that the increased duration might complicate legal proceedings, with defenses potentially undermined by faded memories or lost evidence. This debate reflects a tension between ensuring justice for victims and maintaining the integrity and efficiency of the legal process.
Prescriptions for testosterone not allowed to be transmitted or reported within the prescription drug monitoring database and removes from the records all existing information concerning prior testosterone prescriptions.
Prescriptions for testosterone not allowed to be transmitted or reported within the prescription drug monitoring database and removes from the records all existing information concerning prior testosterone prescriptions.
Increases the maximum fill for non-opioid, non-narcotic controlled substances found in schedule II, so that a sixty-day (60) supply may be dispensed at any one time.
Increases the maximum fill for non-opioid, non-narcotic controlled substances found in schedule II, so that a ninety-day (90) supply may be dispensed at any one time.