At Gallien Law, we believe every person deserves fair access to justice—especially when they’ve been injured through no fault of their own. Unfortunately, recent and pending legislation threatens to tip the scales even further in favor of insurance companies, making it harder for everyday Louisianans to recover after accidents.

Here’s a quick breakdown of what’s happening, why it matters to you, and how you can take action.

What Is Tort Reform (and Why Should You Care)?

Tort reform refers to changes in the laws that govern personal injury claims, including how and when people can sue for damages. While these measures are often promoted as ways to reduce insurance rates, history shows that they rarely deliver on that promise. Instead, they tend to limit the rights of injured people and protect corporate interests.

What They Don’t Tell You About Tort Reform

These kinds of bills don’t just show up out of nowhere. For years, big corporations and insurance companies have pushed the idea that personal injury lawsuits are out of control—that people are getting rich off accidents.

That’s simply not true. Most injury cases are tough, take time, and only move forward when there’s real proof that someone was seriously hurt. But the message pushed by powerful interests has taken hold: that the system is broken and needs constant fixing.

That’s how we end up with laws that limit how much victims can recover, make it harder to sue insurance companies, or punish people just for not having coverage—changes that mostly protect insurers, not everyday people.

These “reforms” don’t stop abuse. They block real people with real injuries from getting the help they need.

Past Legislative Changes:

✅ Direct Action Statute Changes

• Effective January 1, 2024, Louisiana Direct Action Statute (La. R.S. 22:1269) was revised to limit when injured parties may sue an insurance company directly.
• Direct actions are now only allowed in specific circumstances.
• This change makes it harder for injury victims to pursue claims directly against insurer by forcing them to litigate against the individual defendant first.
• The result? Longer delays, increased legal costs, and more hurdles for injured Louisianans seeking fair compensation..

✅ Extended Statute of Limitations for Personal Injury Claims

• Effective July 1, 2024,  Louisiana Civil Code Article 3493.11 extended the time limit to file personal injury lawsuits in Louisiana from 1 year to 2 years.
• This gives injury victims more time to seek medical care, gather evidence, and secure legal representation.
• However, the longer filing window can also be used by insurance companies to delay settlements, potentially prolonging the claims process for victims.
• The new 2-year limit applies only to injuries occurring on or after July 1, 2024.

These two monumental changes to Louisiana tort law have significantly reshaped the landscape for injury victims. While intended to streamline the legal process, they have also introduced new barriers that can delay justice and increase the burden on victims seeking fair compensation.

Attorney Corrie Gallien recently spoke at a Continuing Legal Education (CLE) seminar, addressing how these legislative changes impact both legal professionals and the individuals they serve. From practical challenges in case strategy to broader concerns about access to justice, the conversation highlighted why staying informed on tort reform matters for everyone.

In keeping with our mission to educate and empower the public, Gallien Law is committed to highlighting proposed changes that could severely limit the damages available to personal injury victims and make it harder for them to recover fair compensation after accidents.

Key Proposed Changes in 2025:

✅ HB 434 – Extreme “No Pay, No Play” Penalties

• Would increase the current $15,000 bodily injury penalty to $100,000.
• This means if you’re injured by a negligent driver but happened to be uninsured at the time, you could be barred from recovering the first $100,000 of your damages—even if you did nothing wrong.
• This is especially harsh considering Louisiana’s state minimum insurance limits remain at just $15,000/$30,000.The punishment far outweighs the offense, effectively pushing victims deeper into financial hardship for a single lapse in coverage.

✅ SB 150 & SB 231 – Reducing Medical Damage Awards

• Would reduce how much injured victims can recover for medical bills by limiting claims to what insurance actually paid, not the full medical cost.
• This punishes people who have paid for their own health insurance and limits their ability to be made whole.

✅ HB 431 – Comparative Fault Changes

• Would change Louisiana’s legal standard from pure comparative fault to modified comparative fault.
• If you’re found 51% or more at fault in an accident, you would be barred from recovering any damages—even if the other party shares blame.
• This change would encourage insurance companies to push fault onto victims, even in cases where liability should be clear.
• It would also make it harder for victims to find legal representation on contingency and to pursue claims, especially in accidents where fault is disputed or shared.

✅ HB 450 – Eliminating the Housley Presumption

• Would remove the legal presumption that injuries appearing shortly after an accident were caused by the accident, placing more burden on victims to prove their injuries.

Why This Matters

Every year, we’re told these “reforms” will lower auto insurance rates. Yet despite repeated attacks on victims’ rights, Louisiana’s premiums remain among the highest in the country—and keep rising. These bills do nothing to address the real causes of high rates, like distracted driving, uninsured motorists, outdated minimum coverage limits, or insurance company practices.

Instead, they make it harder for people—especially working families—to recover after accidents.

What You Can Do: Contact Your Legislators

Your voice matters. Tell your State Representative and Senator that you oppose these harmful bills and support fair access to justice for all Louisianans.

Below, we’re providing a simple letter template you can use to contact your legislators and share your concerns about these harmful tort reform bills. Your voice matters—let them know you that stand with Louisiana injury victims.

✉️ Tell Your Legislator to Protect Victims’ Rights

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Date

[Your Name]
[Your Address]
Youngsville, LA [ZIP Code]
[Email Address]
[Phone Number]
May 14, 2025

The Honorable _______________________
Louisiana House of Representatives
District #
[Address of Representative’s Office]

The Honorable _______________________
Louisiana State Senate
District #
[Address of Senator’s Office]

Subject: Oppose Harmful Tort Reform Bills (HB 434, SB 150/231, HB 431, HB 450)

Dear [Representative/Senator] [Last Name],

As a Louisiana resident, I am deeply concerned about the current wave of tort reform legislation being considered, including HB 434, SB 150, SB 231, HB 431, and HB 450.

These bills would make it harder for innocent victims to recover damages after accidents, while doing little to actually reduce auto insurance rates. Year after year, similar reforms have failed to lower premiums, yet continue to erode the rights of injured Louisianans.

I respectfully urge you to oppose these measures and advocate for policies that protect citizens—not just insurance companies. Our legal system should be fair, accessible, and focused on making victims whole.

Please vote NO on these bills.

Sincerely,
[Your Full Name]
[Your Address]
[Your Email & Phone Number (optional)]

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Find Your Legislators:

You can find your Representative and Senator using the Louisiana Legislature’s website.

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👉 Download the template letter to contact your legislator here.

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At Gallien Law, we are committed to standing up for those who’ve been hurt. If you have questions about how these bills could impact your rights, or if you need help after an accident, contact us today.