Recent Legislative Changes and Your Rights

Louisiana’s Direct Action Statute significantly changed recently, which could impact your ability to recover damages if you’ve been injured. As a New Orleans personal injury lawyer, I’ve spent years fighting for the rights of individuals who have been hurt due to someone else’s negligence and can walk you through the updates that took effect in August 2024.

What Is the Direct Action Statute?

A unique aspect of Louisiana law for many years, an injured person had the right to directly sue the insurer of the party responsible for their injuries. The statute also allowed for transparency regarding the presence of insurance during a trial, ensuring that juries were aware that a defendant was insured and not necessarily personally liable for any awarded damages.

As of August 2024, changes have been made to the Direct Action Statute, and these changes will have a substantial impact on injury cases moving forward.

• Limitations on directly suing insurers directly. The most notable change is that injured persons are now limited in their ability to directly sue another party’s insurer. This means that in many cases, you can no longer bring a lawsuit against the insurance company of the at-fault party. Instead, you will need to sue the individual or entity responsible for your injury, and the insurance company’s involvement will be kept out of the courtroom proceedings.
• Restriction on jury awareness. Another critical change is the restriction on making juries aware of the presence of insurance. Under the new law, the jury is no longer informed that the defendant has insurance coverage. This change could potentially influence the outcome of cases, as jurors might be less inclined to award substantial damages if they believe the defendant will be personally responsible for paying the judgment.

Navigating new legal complexities can be daunting, but that’s where I come in. My job is to protect your rights and pursue the compensation you deserve, despite the hurdles created by legislative changes. I will work diligently to build a strong case against the responsible party, leveraging all available legal strategies to maximize your chances of success.

How Do the Changes Affect My Case?

These legislative updates could have a profound impact on your case. By limiting your ability to sue an insurer directly and restricting the jury’s knowledge of insurance coverage, the law could make it more challenging to secure full and fair compensation for your injuries.

But while the new law presents challenges, it doesn’t change the fact that you’ve been injured. As your New Orleans personal injury lawyer, I’m committed to fighting for your rights and holding those responsible accountable, whether it’s through negotiations or in the courtroom.

Should you talk to an attorney about how recent changes could impact your injury claim? The answer is yes. If you have any questions about how legislative shifts will affect your case, or if you need legal assistance for another reason after a New Orleans, Metairie, or Gretna accident, simply call 504-433-1442 for a confidential consultation with Palazzo Law Firm.