Tort reform is back in the spotlight as Louisiana officials and lawmakers begin to spar once again over auto insurance and damage claims ahead of the 2025 legislative session. 

Several House lawmakers are moving forward with legislation this year that would limit how much money people who sue over car accidents can be awarded and change the way those amounts are calculated, topic known as “tort reform.”

The debate is complex and has for years pit insurance companies and personal injury attorneys against each other. And as Louisiana continues to face an insurance crisis, officials are pushing for change across the industry. 

Last year, Gov. Jeff Landry vetoed a measure that would have placed greater limits on how much people who sue can collect.

This year, auto insurance will be a top priority for the Louisiana Legislature, in addition to balancing the budget. 

Here are a few key terms and points to know as debate ramps up over the next couple of months. 

What is tort reform?

A “tort” refers to an act that wrongfully harms someone, like if a driver crashes into you after illegally running a red light. To remedy these types of situations, tort laws create rules allowing for hurt parties to recover damages, most often in the form of monetary compensation. 

Personal injury lawyers work with clients to help recover those damages.

When people bring up “tort reform” they are generally referring to imposing rules to limit the amount of damages an injured person, known as a plaintiff, can receive after an accident.

There are numerous ways this can be done, from adding a cap on damages that can be awarded, setting time limits to bring a lawsuit or limiting who is liable in certain cases. 

What’s being proposed?

Legislators are filing several bills directed at car insurance claims and general insurance reform, but the main bill that has started discussions ahead of the session is House Bill 34.

Authored by Rep. Brian Glorioso, R-Slidell, the bill aims to make it harder for judges and juries to award big medical judgments by allowing defendants to put an expert witness on the stand to challenge doctors’ bills.

Gloriso claims that flaws in Louisiana’s legal process prevent lawyers defending businesses and insurance companies from bringing out in court how much the plaintiff actually paid in medical costs, leading to excessive payouts. 

It isn’t clear yet which bills will garner the most support from other lawmakers.

Temple, meanwhile, is supporting legislation to put in place stricter limits, including bills that would put a general cap on damages and keep plaintiffs from recovering damages if they are more than 50% responsible for causing them.

Landry is supporting reforms that would limit plaintiff attorneys’ advertising and keep credit scores out of insurance premiums, along with others that are modeled after Texas’ collateral source laws. 

What happened last session?

In 2024, Landry pushed lawmakers to pass several bills backed by trial lawyers and to weaken other pro-insurance industry bills.

He signed into law a bill supported by trial lawyers that gives them two years, up from one, to file lawsuits after death or injury, but vetoed House Bill 423, which would have placed greater limits on how much people who sue can collect in injury and damage claims. 

At the time, Landry said he vetoed HB 423 to ensure that working people and consumers would receive what they deserve in medical costs following an accident caused by others.

How does this affect me? 

The rules that lawmakers pass will directly affect how much a person can recover if they get into an accident. 

Supporters argue that passing tort reform will also lower car insurance rates in Louisiana, while personal injury attorneys claim it prevents injured claimants from what they’re rightfully owed.