Under the new governor, Jeff Landry, the Louisiana legislature has enacted significant changes that will impact injury claims brought by individuals injured due to another person’s negligence or fault. Here are some of the key changes to the law:

New Period for Filing a Personal Injury Lawsuit

Previously, the deadline for filing a personal injury lawsuit in Louisiana was one year. Effective July 1, 2024, this period has been extended to two years. Plaintiffs will now have an additional year to file their injury cases, starting from the date the injury or damage occurs. This new law will apply to injury claims arising after the effective date of July 1, 2024.

No More Direct Lawsuits Against Insurers

Louisiana had a "Direct Action Statute" that allowed injured individuals to file lawsuits against the party at fault and their insurance company. However, this has changed. Under the new law, effective August 1, 2024, plaintiffs will no longer be able to sue insurance companies directly, except in limited circumstances. This new law prohibits naming the insurance company as a defendant in most cases.

Changes to Bad Faith Claims Against Insurers

The laws governing bad-faith claims against insurance companies in Louisiana have also been modified. A significant change is that under the new law, plaintiffs can no longer recover damages for mental anguish in cases where an insurer violates its duty of good faith and fair dealing. Instead, damages against an insurer for bad faith are now limited to “proven economic damages” only.

If you are injured due to someone else's fault, it’s essential to understand your rights! You may have many questions about filing an injury claim. N. Craig Richardson has been practicing law in Louisiana for 30 years. Protect yourself and your rights! Contact N. Craig Richardson for a free consultation regarding your claim. Remember, there is no fee unless you recover!

Louisiana had a “Direct Action Statute,” which allowed an injured person to file a lawsuit against the party at fault and that party’s insurance company. That has changed. Under the new law in Louisiana, a plaintiff may no longer sue the insurance company directly, “except in limited circumstances.” This new law, effective August 1, 2024, prohibits naming the insurance company as a defendant.

Changes in Bad Faith Claims Against Insurers

The laws concerning bad-faith claims against insurance companies in Louisiana are also changed.  One of the more significant changes is that, under the new law, a plaintiff may no longer recover damages for mental anguish against an insurer that violated its duty of good faith and fair dealing.  Under the new law, a plaintiff’s damages against an insurer for bad faith are limited to only “proven economic damages.”

If you are injured due to the fault of another, you must know your rights! It is expected to have many questions about filing an injury claim.  N. Craig Richardson has been a practicing attorney in Louisiana for 30 years.  Protect yourself and your rights! Contact N. Craig Richardson for a free consultation about your claim!  Remember, there is no fee unless you recover!