MELERINE: Ending Lawsuit Abuse Key To Driving Down Insurance Costs, Ending Jackpot Justice

Editor’s Note: a guest post by State Representative Michael Melerine, who represents House District 6 in the Shreveport area.

The tide is turning on legal reform in Louisiana with Governor Landry signing the largest tort reform package in the state’s history into law. I am incredibly proud of my colleagues in the House of Representatives and the leadership of Speaker Phillip DeVillier for leading the charge on these reforms and standing with Louisianans by taking decisive action on meaningful legal reforms during the early weeks of session to make this possible.

For too long, skyrocketing insurance costs have been largely driven by the powerful plaintiffs attorneys contributing to an anti-business climate, threatening our job-creation for generations to come. I am honored my colleagues joined me in passing HB450, which repeals the Housley Presumption and ends the harmful practice of presuming injury without evidence in personal injury claims. The Housley Presumption previously assumed that injuries from accidents are caused by the accident itself, placing the burden of proof on the defense to disprove causation. Now, this burden has been shifted back to plaintiffs, requiring them to prove that their injuries were indeed caused by the accident. HB450 improves the legal framework for handling injury claims and balances the interests of plaintiffs and defendants alike.

Another important bill recently signed into law by the Governor is HB431, authored by Rep. Emily Chenevert, aligning Louisiana with most states by adopting a modified comparative fault standard. Effective in 2026, this long-overdue reform ensures that anyone who is primarily responsible for their own injury in a car accident cannot walk away with a payday from it. This common-sense standard promotes fairness, personal responsibility, and will reduce the number of frivolous lawsuits in our courts and help drive down costs in the auto insurance marketplace.

These bills, along with others passed during the session, are not the end.  The legislature continues to work on bills to further improve the legal climate and help attract more insurers to Louisiana.  One key bill is SB 231 by Sen. Mike Reese, which deals with reigning in inflated medical bills.  If passed, the bill will help address one of the main drivers of high auto insurance rates.

Modernizing and improving the framework of our laws in Louisiana through these bills sends a message to our citizens and businesses that we are committed to creating a fairer legal environment in the Pelican State.

Louisiana’s civil justice system needs to be based on accountability and fairness – not jackpot justice. While this legislative session has been successfully focused on the need to bring down skyrocketing insurance costs, we must also keep an eye to fostering future growth in our state as well.

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