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2025 Tort Reform

The Louisiana Legislative regular session concluded on June 12, 2025, with Governor Jeff Landry expanding his tort reform agenda by signing several pieces of legislation into law. Among other changes, these new laws amend the Housley presumption; No Play, No Pay; comparative fault and several procedural rules. As with previous efforts in 2020 and 2024, these laws are intended to reduce the number and effect of personal injury claims and lawsuits, and, ultimately, the cost of insurance. The following summary offers a general overview of the newly enacted laws.

Act 15: Modified Comparative Fault

Louisiana’s fault regime previously changed from contributory negligence to the current pure comparative fault system, which has been in place for several decades. Under current law, each party to a lawsuit, including the plaintiff, is assigned a percentage of fault for an alleged injury. A plaintiff’s recovery for said injury is reduced in proportion to their own percentage of fault and is obtained from each defendant according to each defendant’s share of fault.

Starting on January 1, 2026, Louisiana Civil Code Article 2323 will provide that a plaintiff who is found to be at least 51% or more at fault for an alleged injury will be barred from any recovery. If the plaintiff is found to be less than 51% at fault, then the prior pure comparative fault system kicks in and recovery is reduced in proportion to a plaintiff’s fault.

Importantly, a jury will be instructed on the effect of this article, i.e., the effect of assigning fault to the plaintiff. The purpose of this Act is to reduce the number of potential lawsuits advancing to formal litigation by limiting awards where plaintiffs bear a majority of fault.

Act 16: No Pay, No Play

Act 16 amends Louisiana Revised Statute 32:866(A)(1), (C) and (F) to essentially increase the penalties for driving without insurance. Under current law, a plaintiff/claimant who does not carry the compulsory state minimum automobile insurance coverage cannot collect the first $15,000 of a bodily injury claim and the first $25,000 of property damage.

Effective August 1, 2025, an uninsured plaintiff/claimant will be barred from recovering the first $100,000 of a bodily injury claim and the first $100,000 of property damage. The Act preserves present law requiring all court costs be assigned to the plaintiff if they recover damages at or less than $100,000 for a bodily injury and/or property damage claim.

The Act aims to incentivize the purchase of automobile insurance while also attempting to reduce lawsuits by making it less attractive for uninsured/underinsured motorists to pursue claims.

Act 17: Prohibition on Awards for Unauthorized Aliens

Act 17 enacted an entirely new law, codified as Louisiana Civil Code Article 2315.2, which bars unauthorized aliens from recovering general damages and past or future wages in motor vehicle accidents. The Act refers to the Federal Immigration and Nationality Act, 8 U.S.C §1101, et seq. for the definition of “unauthorized alien,” which is an individual who (a) is not a citizen or national of the United States and/or (b) not lawfully admitted for permanent residence or unauthorized to be employed by federal law or U.S. Attorney General.

Notably, an “unauthorized alien” can still recover medical expenses and make a claim against an uninsured/underinsured motorist policy which names the “unauthorized alien” as an insured.

This law is effective August 1, 2025. Like many of these statutory changes, this Act aims to reduce the number of lawsuits by disincentivizing filing claims on behalf of “unauthorized aliens.”

Act 18: Repeals the Housley Presumption.

Louisiana jurisprudence developed an evidentiary presumption favoring plaintiffs, which allowed a judge to instruct a jury that medical causation of a plaintiff’s injury was presumed to be caused by the subject accident when a plaintiff could show: (1) the injured person was in good health prior to the accident; (2) the disabling condition manifested itself shortly after the accident; and (3) the medical evidence showed there to be a reasonable possibility of causal connection between the accident and the disabling condition. To defeat this presumption, a defendant would have to show some other cause of the injury.

Under the new Act, the lack of a prior history of an illness, injury or condition will not create a presumption that the injury was caused by the subject accident. The repeal came into effect on the date of signing on May 28, 2025 and has prospective effect only, pursuant to the text of the Act.

The Act puts the onus on the plaintiff to present affirmative medical evidence to prove a causal link to the plaintiff’s current complaints and the accident subject to dispute.

Act 176: Extending Prescriptive Period for Survival and Wrongful Death Actions.

Under present law, a plaintiff has one year to file survival and wrongful death suits. Under the new law that goes into effect on August 1, 2025, for survival and wrongful death claims, the prescriptive period is one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer. Notably, the changes do not affect the prescriptive period for medical malpractice claims.

The purpose of this bill is to relieve potential claimants/plaintiffs from filing questionable claims for fear of losing their litigation rights in such a short period. This same reasoning applied in the 2024 legislative session where Act 423/House Bill 315 extended the prescriptive period for personal injury claims from one to two years.

Act 466: Provides for Recoverable Medical Expenses

This Act modifies La. R.S. 9:2800.27, the collateral source rule, limiting a plaintiff’s recovery to the amounts actually paid to the contracted medical provider by a health insurer or Medicare, plus any applicable cost-sharing paid or owed by the plaintiff/claimant. It eliminates the 40% difference rule for health insurance and Medicare, which allowed courts to award the plaintiff, not only the amounts paid for medical treatment, but 40% of the difference between the billed amount and what was actually paid by health insurance or Medicare.

The Act requires the trier of fact to be informed of both the amounts billed and actually paid for the plaintiff’s medical expenses. Recovery now includes amounts paid and any remaining balance owed to the provider. For any pre-negotiated agreements between the plaintiff’s attorney and provider, only the amount actually paid is recoverable.

The Act does not apply to claims under La. R.S. 40:1231.1 et seq. (medical malpractice claims), 1237.1 et seq. (medical malpractice claims for state services, e.g., health care services rendered at a correctional facility), or to benefits from an automobile liability policy with medical payments coverage. This Act will have prospective effect only starting on January 1, 2026.

2025 Tort Reform

The Louisiana Legislative regular session concluded on June 12, 2025, with Governor Jeff Landry expanding his tort reform agenda by signing several pieces of legislation into law. Among other changes, these new laws amend the Housley presumption; No Play, No Pay; comparative fault and several procedural rules. As with previous efforts in 2020 and 2024, these laws are intended to reduce the number and effect of personal injury claims and lawsuits, and, ultimately, the cost of insurance. The following summary offers a general overview of the newly enacted laws.

Act 15: Modified Comparative Fault

Louisiana’s fault regime previously changed from contributory negligence to the current pure comparative fault system, which has been in place for several decades. Under current law, each party to a lawsuit, including the plaintiff, is assigned a percentage of fault for an alleged injury. A plaintiff’s recovery for said injury is reduced in proportion to their own percentage of fault and is obtained from each defendant according to each defendant’s share of fault.

Starting on January 1, 2026, Louisiana Civil Code Article 2323 will provide that a plaintiff who is found to be at least 51% or more at fault for an alleged injury will be barred from any recovery. If the plaintiff is found to be less than 51% at fault, then the prior pure comparative fault system kicks in and recovery is reduced in proportion to a plaintiff’s fault.

Importantly, a jury will be instructed on the effect of this article, i.e., the effect of assigning fault to the plaintiff. The purpose of this Act is to reduce the number of potential lawsuits advancing to formal litigation by limiting awards where plaintiffs bear a majority of fault.

Act 16: No Pay, No Play

Act 16 amends Louisiana Revised Statute 32:866(A)(1), (C) and (F) to essentially increase the penalties for driving without insurance. Under current law, a plaintiff/claimant who does not carry the compulsory state minimum automobile insurance coverage cannot collect the first $15,000 of a bodily injury claim and the first $25,000 of property damage.

Effective August 1, 2025, an uninsured plaintiff/claimant will be barred from recovering the first $100,000 of a bodily injury claim and the first $100,000 of property damage. The Act preserves present law requiring all court costs be assigned to the plaintiff if they recover damages at or less than $100,000 for a bodily injury and/or property damage claim.

The Act aims to incentivize the purchase of automobile insurance while also attempting to reduce lawsuits by making it less attractive for uninsured/underinsured motorists to pursue claims.

Act 17: Prohibition on Awards for Unauthorized Aliens

Act 17 enacted an entirely new law, codified as Louisiana Civil Code Article 2315.2, which bars unauthorized aliens from recovering general damages and past or future wages in motor vehicle accidents. The Act refers to the Federal Immigration and Nationality Act, 8 U.S.C §1101, et seq. for the definition of “unauthorized alien,” which is an individual who (a) is not a citizen or national of the United States and/or (b) not lawfully admitted for permanent residence or unauthorized to be employed by federal law or U.S. Attorney General.

Notably, an “unauthorized alien” can still recover medical expenses and make a claim against an uninsured/underinsured motorist policy which names the “unauthorized alien” as an insured.

This law is effective August 1, 2025. Like many of these statutory changes, this Act aims to reduce the number of lawsuits by disincentivizing filing claims on behalf of “unauthorized aliens.”

Act 18: Repeals the Housley Presumption.

Louisiana jurisprudence developed an evidentiary presumption favoring plaintiffs, which allowed a judge to instruct a jury that medical causation of a plaintiff’s injury was presumed to be caused by the subject accident when a plaintiff could show: (1) the injured person was in good health prior to the accident; (2) the disabling condition manifested itself shortly after the accident; and (3) the medical evidence showed there to be a reasonable possibility of causal connection between the accident and the disabling condition. To defeat this presumption, a defendant would have to show some other cause of the injury.

Under the new Act, the lack of a prior history of an illness, injury or condition will not create a presumption that the injury was caused by the subject accident. The repeal came into effect on the date of signing on May 28, 2025 and has prospective effect only, pursuant to the text of the Act.

The Act puts the onus on the plaintiff to present affirmative medical evidence to prove a causal link to the plaintiff’s current complaints and the accident subject to dispute.

Act 176: Extending Prescriptive Period for Survival and Wrongful Death Actions.

Under present law, a plaintiff has one year to file survival and wrongful death suits. Under the new law that goes into effect on August 1, 2025, for survival and wrongful death claims, the prescriptive period is one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer. Notably, the changes do not affect the prescriptive period for medical malpractice claims.

The purpose of this bill is to relieve potential claimants/plaintiffs from filing questionable claims for fear of losing their litigation rights in such a short period. This same reasoning applied in the 2024 legislative session where Act 423/House Bill 315 extended the prescriptive period for personal injury claims from one to two years.

Act 466: Provides for Recoverable Medical Expenses

This Act modifies La. R.S. 9:2800.27, the collateral source rule, limiting a plaintiff’s recovery to the amounts actually paid to the contracted medical provider by a health insurer or Medicare, plus any applicable cost-sharing paid or owed by the plaintiff/claimant. It eliminates the 40% difference rule for health insurance and Medicare, which allowed courts to award the plaintiff, not only the amounts paid for medical treatment, but 40% of the difference between the billed amount and what was actually paid by health insurance or Medicare.

The Act requires the trier of fact to be informed of both the amounts billed and actually paid for the plaintiff’s medical expenses. Recovery now includes amounts paid and any remaining balance owed to the provider. For any pre-negotiated agreements between the plaintiff’s attorney and provider, only the amount actually paid is recoverable.

The Act does not apply to claims under La. R.S. 40:1231.1 et seq. (medical malpractice claims), 1237.1 et seq. (medical malpractice claims for state services, e.g., health care services rendered at a correctional facility), or to benefits from an automobile liability policy with medical payments coverage. This Act will have prospective effect only starting on January 1, 2026.

2025 Tort Reform

The Louisiana Legislative regular session concluded on June 12, 2025, with Governor Jeff Landry expanding his tort reform agenda by signing several pieces of legislation into law. Among other changes, these new laws amend the Housley presumption; No Play, No Pay; comparative fault and several procedural rules. As with previous efforts in 2020 and 2024, these laws are intended to reduce the number and effect of personal injury claims and lawsuits, and, ultimately, the cost of insurance. The following summary offers a general overview of the newly enacted laws.

Act 15: Modified Comparative Fault

Louisiana’s fault regime previously changed from contributory negligence to the current pure comparative fault system, which has been in place for several decades. Under current law, each party to a lawsuit, including the plaintiff, is assigned a percentage of fault for an alleged injury. A plaintiff’s recovery for said injury is reduced in proportion to their own percentage of fault and is obtained from each defendant according to each defendant’s share of fault.

Starting on January 1, 2026, Louisiana Civil Code Article 2323 will provide that a plaintiff who is found to be at least 51% or more at fault for an alleged injury will be barred from any recovery. If the plaintiff is found to be less than 51% at fault, then the prior pure comparative fault system kicks in and recovery is reduced in proportion to a plaintiff’s fault.

Importantly, a jury will be instructed on the effect of this article, i.e., the effect of assigning fault to the plaintiff. The purpose of this Act is to reduce the number of potential lawsuits advancing to formal litigation by limiting awards where plaintiffs bear a majority of fault.

Act 16: No Pay, No Play

Act 16 amends Louisiana Revised Statute 32:866(A)(1), (C) and (F) to essentially increase the penalties for driving without insurance. Under current law, a plaintiff/claimant who does not carry the compulsory state minimum automobile insurance coverage cannot collect the first $15,000 of a bodily injury claim and the first $25,000 of property damage.

Effective August 1, 2025, an uninsured plaintiff/claimant will be barred from recovering the first $100,000 of a bodily injury claim and the first $100,000 of property damage. The Act preserves present law requiring all court costs be assigned to the plaintiff if they recover damages at or less than $100,000 for a bodily injury and/or property damage claim.

The Act aims to incentivize the purchase of automobile insurance while also attempting to reduce lawsuits by making it less attractive for uninsured/underinsured motorists to pursue claims.

Act 17: Prohibition on Awards for Unauthorized Aliens

Act 17 enacted an entirely new law, codified as Louisiana Civil Code Article 2315.2, which bars unauthorized aliens from recovering general damages and past or future wages in motor vehicle accidents. The Act refers to the Federal Immigration and Nationality Act, 8 U.S.C §1101, et seq. for the definition of “unauthorized alien,” which is an individual who (a) is not a citizen or national of the United States and/or (b) not lawfully admitted for permanent residence or unauthorized to be employed by federal law or U.S. Attorney General.

Notably, an “unauthorized alien” can still recover medical expenses and make a claim against an uninsured/underinsured motorist policy which names the “unauthorized alien” as an insured.

This law is effective August 1, 2025. Like many of these statutory changes, this Act aims to reduce the number of lawsuits by disincentivizing filing claims on behalf of “unauthorized aliens.”

Act 18: Repeals the Housley Presumption.

Louisiana jurisprudence developed an evidentiary presumption favoring plaintiffs, which allowed a judge to instruct a jury that medical causation of a plaintiff’s injury was presumed to be caused by the subject accident when a plaintiff could show: (1) the injured person was in good health prior to the accident; (2) the disabling condition manifested itself shortly after the accident; and (3) the medical evidence showed there to be a reasonable possibility of causal connection between the accident and the disabling condition. To defeat this presumption, a defendant would have to show some other cause of the injury.

Under the new Act, the lack of a prior history of an illness, injury or condition will not create a presumption that the injury was caused by the subject accident. The repeal came into effect on the date of signing on May 28, 2025 and has prospective effect only, pursuant to the text of the Act.

The Act puts the onus on the plaintiff to present affirmative medical evidence to prove a causal link to the plaintiff’s current complaints and the accident subject to dispute.

Act 176: Extending Prescriptive Period for Survival and Wrongful Death Actions.

Under present law, a plaintiff has one year to file survival and wrongful death suits. Under the new law that goes into effect on August 1, 2025, for survival and wrongful death claims, the prescriptive period is one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer. Notably, the changes do not affect the prescriptive period for medical malpractice claims.

The purpose of this bill is to relieve potential claimants/plaintiffs from filing questionable claims for fear of losing their litigation rights in such a short period. This same reasoning applied in the 2024 legislative session where Act 423/House Bill 315 extended the prescriptive period for personal injury claims from one to two years.

Act 466: Provides for Recoverable Medical Expenses

This Act modifies La. R.S. 9:2800.27, the collateral source rule, limiting a plaintiff’s recovery to the amounts actually paid to the contracted medical provider by a health insurer or Medicare, plus any applicable cost-sharing paid or owed by the plaintiff/claimant. It eliminates the 40% difference rule for health insurance and Medicare, which allowed courts to award the plaintiff, not only the amounts paid for medical treatment, but 40% of the difference between the billed amount and what was actually paid by health insurance or Medicare.

The Act requires the trier of fact to be informed of both the amounts billed and actually paid for the plaintiff’s medical expenses. Recovery now includes amounts paid and any remaining balance owed to the provider. For any pre-negotiated agreements between the plaintiff’s attorney and provider, only the amount actually paid is recoverable.

The Act does not apply to claims under La. R.S. 40:1231.1 et seq. (medical malpractice claims), 1237.1 et seq. (medical malpractice claims for state services, e.g., health care services rendered at a correctional facility), or to benefits from an automobile liability policy with medical payments coverage. This Act will have prospective effect only starting on January 1, 2026.

2025 Tort Reform

The Louisiana Legislative regular session concluded on June 12, 2025, with Governor Jeff Landry expanding his tort reform agenda by signing several pieces of legislation into law. Among other changes, these new laws amend the Housley presumption; No Play, No Pay; comparative fault and several procedural rules. As with previous efforts in 2020 and 2024, these laws are intended to reduce the number and effect of personal injury claims and lawsuits, and, ultimately, the cost of insurance. The following summary offers a general overview of the newly enacted laws.

Act 15: Modified Comparative Fault

Louisiana’s fault regime previously changed from contributory negligence to the current pure comparative fault system, which has been in place for several decades. Under current law, each party to a lawsuit, including the plaintiff, is assigned a percentage of fault for an alleged injury. A plaintiff’s recovery for said injury is reduced in proportion to their own percentage of fault and is obtained from each defendant according to each defendant’s share of fault.

Starting on January 1, 2026, Louisiana Civil Code Article 2323 will provide that a plaintiff who is found to be at least 51% or more at fault for an alleged injury will be barred from any recovery. If the plaintiff is found to be less than 51% at fault, then the prior pure comparative fault system kicks in and recovery is reduced in proportion to a plaintiff’s fault.

Importantly, a jury will be instructed on the effect of this article, i.e., the effect of assigning fault to the plaintiff. The purpose of this Act is to reduce the number of potential lawsuits advancing to formal litigation by limiting awards where plaintiffs bear a majority of fault.

Act 16: No Pay, No Play

Act 16 amends Louisiana Revised Statute 32:866(A)(1), (C) and (F) to essentially increase the penalties for driving without insurance. Under current law, a plaintiff/claimant who does not carry the compulsory state minimum automobile insurance coverage cannot collect the first $15,000 of a bodily injury claim and the first $25,000 of property damage.

Effective August 1, 2025, an uninsured plaintiff/claimant will be barred from recovering the first $100,000 of a bodily injury claim and the first $100,000 of property damage. The Act preserves present law requiring all court costs be assigned to the plaintiff if they recover damages at or less than $100,000 for a bodily injury and/or property damage claim.

The Act aims to incentivize the purchase of automobile insurance while also attempting to reduce lawsuits by making it less attractive for uninsured/underinsured motorists to pursue claims.

Act 17: Prohibition on Awards for Unauthorized Aliens

Act 17 enacted an entirely new law, codified as Louisiana Civil Code Article 2315.2, which bars unauthorized aliens from recovering general damages and past or future wages in motor vehicle accidents. The Act refers to the Federal Immigration and Nationality Act, 8 U.S.C §1101, et seq. for the definition of “unauthorized alien,” which is an individual who (a) is not a citizen or national of the United States and/or (b) not lawfully admitted for permanent residence or unauthorized to be employed by federal law or U.S. Attorney General.

Notably, an “unauthorized alien” can still recover medical expenses and make a claim against an uninsured/underinsured motorist policy which names the “unauthorized alien” as an insured.

This law is effective August 1, 2025. Like many of these statutory changes, this Act aims to reduce the number of lawsuits by disincentivizing filing claims on behalf of “unauthorized aliens.”

Act 18: Repeals the Housley Presumption.

Louisiana jurisprudence developed an evidentiary presumption favoring plaintiffs, which allowed a judge to instruct a jury that medical causation of a plaintiff’s injury was presumed to be caused by the subject accident when a plaintiff could show: (1) the injured person was in good health prior to the accident; (2) the disabling condition manifested itself shortly after the accident; and (3) the medical evidence showed there to be a reasonable possibility of causal connection between the accident and the disabling condition. To defeat this presumption, a defendant would have to show some other cause of the injury.

Under the new Act, the lack of a prior history of an illness, injury or condition will not create a presumption that the injury was caused by the subject accident. The repeal came into effect on the date of signing on May 28, 2025 and has prospective effect only, pursuant to the text of the Act.

The Act puts the onus on the plaintiff to present affirmative medical evidence to prove a causal link to the plaintiff’s current complaints and the accident subject to dispute.

Act 176: Extending Prescriptive Period for Survival and Wrongful Death Actions.

Under present law, a plaintiff has one year to file survival and wrongful death suits. Under the new law that goes into effect on August 1, 2025, for survival and wrongful death claims, the prescriptive period is one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer. Notably, the changes do not affect the prescriptive period for medical malpractice claims.

The purpose of this bill is to relieve potential claimants/plaintiffs from filing questionable claims for fear of losing their litigation rights in such a short period. This same reasoning applied in the 2024 legislative session where Act 423/House Bill 315 extended the prescriptive period for personal injury claims from one to two years.

Act 466: Provides for Recoverable Medical Expenses

This Act modifies La. R.S. 9:2800.27, the collateral source rule, limiting a plaintiff’s recovery to the amounts actually paid to the contracted medical provider by a health insurer or Medicare, plus any applicable cost-sharing paid or owed by the plaintiff/claimant. It eliminates the 40% difference rule for health insurance and Medicare, which allowed courts to award the plaintiff, not only the amounts paid for medical treatment, but 40% of the difference between the billed amount and what was actually paid by health insurance or Medicare.

The Act requires the trier of fact to be informed of both the amounts billed and actually paid for the plaintiff’s medical expenses. Recovery now includes amounts paid and any remaining balance owed to the provider. For any pre-negotiated agreements between the plaintiff’s attorney and provider, only the amount actually paid is recoverable.

The Act does not apply to claims under La. R.S. 40:1231.1 et seq. (medical malpractice claims), 1237.1 et seq. (medical malpractice claims for state services, e.g., health care services rendered at a correctional facility), or to benefits from an automobile liability policy with medical payments coverage. This Act will have prospective effect only starting on January 1, 2026.

2025 Tort Reform

The Louisiana Legislative regular session concluded on June 12, 2025, with Governor Jeff Landry expanding his tort reform agenda by signing several pieces of legislation into law. Among other changes, these new laws amend the Housley presumption; No Play, No Pay; comparative fault and several procedural rules. As with previous efforts in 2020 and 2024, these laws are intended to reduce the number and effect of personal injury claims and lawsuits, and, ultimately, the cost of insurance. The following summary offers a general overview of the newly enacted laws.

Act 15: Modified Comparative Fault

Louisiana’s fault regime previously changed from contributory negligence to the current pure comparative fault system, which has been in place for several decades. Under current law, each party to a lawsuit, including the plaintiff, is assigned a percentage of fault for an alleged injury. A plaintiff’s recovery for said injury is reduced in proportion to their own percentage of fault and is obtained from each defendant according to each defendant’s share of fault.

Starting on January 1, 2026, Louisiana Civil Code Article 2323 will provide that a plaintiff who is found to be at least 51% or more at fault for an alleged injury will be barred from any recovery. If the plaintiff is found to be less than 51% at fault, then the prior pure comparative fault system kicks in and recovery is reduced in proportion to a plaintiff’s fault.

Importantly, a jury will be instructed on the effect of this article, i.e., the effect of assigning fault to the plaintiff. The purpose of this Act is to reduce the number of potential lawsuits advancing to formal litigation by limiting awards where plaintiffs bear a majority of fault.

Act 16: No Pay, No Play

Act 16 amends Louisiana Revised Statute 32:866(A)(1), (C) and (F) to essentially increase the penalties for driving without insurance. Under current law, a plaintiff/claimant who does not carry the compulsory state minimum automobile insurance coverage cannot collect the first $15,000 of a bodily injury claim and the first $25,000 of property damage.

Effective August 1, 2025, an uninsured plaintiff/claimant will be barred from recovering the first $100,000 of a bodily injury claim and the first $100,000 of property damage. The Act preserves present law requiring all court costs be assigned to the plaintiff if they recover damages at or less than $100,000 for a bodily injury and/or property damage claim.

The Act aims to incentivize the purchase of automobile insurance while also attempting to reduce lawsuits by making it less attractive for uninsured/underinsured motorists to pursue claims.

Act 17: Prohibition on Awards for Unauthorized Aliens

Act 17 enacted an entirely new law, codified as Louisiana Civil Code Article 2315.2, which bars unauthorized aliens from recovering general damages and past or future wages in motor vehicle accidents. The Act refers to the Federal Immigration and Nationality Act, 8 U.S.C §1101, et seq. for the definition of “unauthorized alien,” which is an individual who (a) is not a citizen or national of the United States and/or (b) not lawfully admitted for permanent residence or unauthorized to be employed by federal law or U.S. Attorney General.

Notably, an “unauthorized alien” can still recover medical expenses and make a claim against an uninsured/underinsured motorist policy which names the “unauthorized alien” as an insured.

This law is effective August 1, 2025. Like many of these statutory changes, this Act aims to reduce the number of lawsuits by disincentivizing filing claims on behalf of “unauthorized aliens.”

Act 18: Repeals the Housley Presumption.

Louisiana jurisprudence developed an evidentiary presumption favoring plaintiffs, which allowed a judge to instruct a jury that medical causation of a plaintiff’s injury was presumed to be caused by the subject accident when a plaintiff could show: (1) the injured person was in good health prior to the accident; (2) the disabling condition manifested itself shortly after the accident; and (3) the medical evidence showed there to be a reasonable possibility of causal connection between the accident and the disabling condition. To defeat this presumption, a defendant would have to show some other cause of the injury.

Under the new Act, the lack of a prior history of an illness, injury or condition will not create a presumption that the injury was caused by the subject accident. The repeal came into effect on the date of signing on May 28, 2025 and has prospective effect only, pursuant to the text of the Act.

The Act puts the onus on the plaintiff to present affirmative medical evidence to prove a causal link to the plaintiff’s current complaints and the accident subject to dispute.

Act 176: Extending Prescriptive Period for Survival and Wrongful Death Actions.

Under present law, a plaintiff has one year to file survival and wrongful death suits. Under the new law that goes into effect on August 1, 2025, for survival and wrongful death claims, the prescriptive period is one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer. Notably, the changes do not affect the prescriptive period for medical malpractice claims.

The purpose of this bill is to relieve potential claimants/plaintiffs from filing questionable claims for fear of losing their litigation rights in such a short period. This same reasoning applied in the 2024 legislative session where Act 423/House Bill 315 extended the prescriptive period for personal injury claims from one to two years.

Act 466: Provides for Recoverable Medical Expenses

This Act modifies La. R.S. 9:2800.27, the collateral source rule, limiting a plaintiff’s recovery to the amounts actually paid to the contracted medical provider by a health insurer or Medicare, plus any applicable cost-sharing paid or owed by the plaintiff/claimant. It eliminates the 40% difference rule for health insurance and Medicare, which allowed courts to award the plaintiff, not only the amounts paid for medical treatment, but 40% of the difference between the billed amount and what was actually paid by health insurance or Medicare.

The Act requires the trier of fact to be informed of both the amounts billed and actually paid for the plaintiff’s medical expenses. Recovery now includes amounts paid and any remaining balance owed to the provider. For any pre-negotiated agreements between the plaintiff’s attorney and provider, only the amount actually paid is recoverable.

The Act does not apply to claims under La. R.S. 40:1231.1 et seq. (medical malpractice claims), 1237.1 et seq. (medical malpractice claims for state services, e.g., health care services rendered at a correctional facility), or to benefits from an automobile liability policy with medical payments coverage. This Act will have prospective effect only starting on January 1, 2026.

2025 Tort Reform

The Louisiana Legislative regular session concluded on June 12, 2025, with Governor Jeff Landry expanding his tort reform agenda by signing several pieces of legislation into law. Among other changes, these new laws amend the Housley presumption; No Play, No Pay; comparative fault and several procedural rules. As with previous efforts in 2020 and 2024, these laws are intended to reduce the number and effect of personal injury claims and lawsuits, and, ultimately, the cost of insurance. The following summary offers a general overview of the newly enacted laws.

Act 15: Modified Comparative Fault

Louisiana’s fault regime previously changed from contributory negligence to the current pure comparative fault system, which has been in place for several decades. Under current law, each party to a lawsuit, including the plaintiff, is assigned a percentage of fault for an alleged injury. A plaintiff’s recovery for said injury is reduced in proportion to their own percentage of fault and is obtained from each defendant according to each defendant’s share of fault.

Starting on January 1, 2026, Louisiana Civil Code Article 2323 will provide that a plaintiff who is found to be at least 51% or more at fault for an alleged injury will be barred from any recovery. If the plaintiff is found to be less than 51% at fault, then the prior pure comparative fault system kicks in and recovery is reduced in proportion to a plaintiff’s fault.

Importantly, a jury will be instructed on the effect of this article, i.e., the effect of assigning fault to the plaintiff. The purpose of this Act is to reduce the number of potential lawsuits advancing to formal litigation by limiting awards where plaintiffs bear a majority of fault.

Act 16: No Pay, No Play

Act 16 amends Louisiana Revised Statute 32:866(A)(1), (C) and (F) to essentially increase the penalties for driving without insurance. Under current law, a plaintiff/claimant who does not carry the compulsory state minimum automobile insurance coverage cannot collect the first $15,000 of a bodily injury claim and the first $25,000 of property damage.

Effective August 1, 2025, an uninsured plaintiff/claimant will be barred from recovering the first $100,000 of a bodily injury claim and the first $100,000 of property damage. The Act preserves present law requiring all court costs be assigned to the plaintiff if they recover damages at or less than $100,000 for a bodily injury and/or property damage claim.

The Act aims to incentivize the purchase of automobile insurance while also attempting to reduce lawsuits by making it less attractive for uninsured/underinsured motorists to pursue claims.

Act 17: Prohibition on Awards for Unauthorized Aliens

Act 17 enacted an entirely new law, codified as Louisiana Civil Code Article 2315.2, which bars unauthorized aliens from recovering general damages and past or future wages in motor vehicle accidents. The Act refers to the Federal Immigration and Nationality Act, 8 U.S.C §1101, et seq. for the definition of “unauthorized alien,” which is an individual who (a) is not a citizen or national of the United States and/or (b) not lawfully admitted for permanent residence or unauthorized to be employed by federal law or U.S. Attorney General.

Notably, an “unauthorized alien” can still recover medical expenses and make a claim against an uninsured/underinsured motorist policy which names the “unauthorized alien” as an insured.

This law is effective August 1, 2025. Like many of these statutory changes, this Act aims to reduce the number of lawsuits by disincentivizing filing claims on behalf of “unauthorized aliens.”

Act 18: Repeals the Housley Presumption.

Louisiana jurisprudence developed an evidentiary presumption favoring plaintiffs, which allowed a judge to instruct a jury that medical causation of a plaintiff’s injury was presumed to be caused by the subject accident when a plaintiff could show: (1) the injured person was in good health prior to the accident; (2) the disabling condition manifested itself shortly after the accident; and (3) the medical evidence showed there to be a reasonable possibility of causal connection between the accident and the disabling condition. To defeat this presumption, a defendant would have to show some other cause of the injury.

Under the new Act, the lack of a prior history of an illness, injury or condition will not create a presumption that the injury was caused by the subject accident. The repeal came into effect on the date of signing on May 28, 2025 and has prospective effect only, pursuant to the text of the Act.

The Act puts the onus on the plaintiff to present affirmative medical evidence to prove a causal link to the plaintiff’s current complaints and the accident subject to dispute.

Act 176: Extending Prescriptive Period for Survival and Wrongful Death Actions.

Under present law, a plaintiff has one year to file survival and wrongful death suits. Under the new law that goes into effect on August 1, 2025, for survival and wrongful death claims, the prescriptive period is one year from the death of the deceased or two years from the day the injury or damage is sustained, whichever is longer. Notably, the changes do not affect the prescriptive period for medical malpractice claims.

The purpose of this bill is to relieve potential claimants/plaintiffs from filing questionable claims for fear of losing their litigation rights in such a short period. This same reasoning applied in the 2024 legislative session where Act 423/House Bill 315 extended the prescriptive period for personal injury claims from one to two years.

Act 466: Provides for Recoverable Medical Expenses

This Act modifies La. R.S. 9:2800.27, the collateral source rule, limiting a plaintiff’s recovery to the amounts actually paid to the contracted medical provider by a health insurer or Medicare, plus any applicable cost-sharing paid or owed by the plaintiff/claimant. It eliminates the 40% difference rule for health insurance and Medicare, which allowed courts to award the plaintiff, not only the amounts paid for medical treatment, but 40% of the difference between the billed amount and what was actually paid by health insurance or Medicare.

The Act requires the trier of fact to be informed of both the amounts billed and actually paid for the plaintiff’s medical expenses. Recovery now includes amounts paid and any remaining balance owed to the provider. For any pre-negotiated agreements between the plaintiff’s attorney and provider, only the amount actually paid is recoverable.

The Act does not apply to claims under La. R.S. 40:1231.1 et seq. (medical malpractice claims), 1237.1 et seq. (medical malpractice claims for state services, e.g., health care services rendered at a correctional facility), or to benefits from an automobile liability policy with medical payments coverage. This Act will have prospective effect only starting on January 1, 2026.