How Louisiana's New Medical Expense Law Could Affect Your Car Accident Claim
If you've been injured in a car accident in Bossier City or anywhere in Louisiana, there's an important legal change that could significantly affect the value of your personal injury claim.
Beginning January 1, Louisiana law changed how medical expenses are calculated in many personal injury cases. This amendment may reduce the amount an injured person can recover for medical bills—even when the injuries are serious.
Understanding how this law works is essential before accepting any insurance settlement.
Louisiana's New Medical Expense Law Explained
Louisiana amended La. R.S. § 9:2800.27, changing how medical damages are presented to juries in many personal injury lawsuits.
Previously, juries generally considered the amount healthcare providers billed for medical treatment when determining damages.
Now, in many cases, juries are permitted to see what was actually paid by:
- Health insurance companies
- Medicare
- Medicaid
- Other qualified payors
Instead of recovering based upon the hospital's billed charges, recoverable medical expenses are often limited to:
- Actual amounts paid
- Insurance co-pays
- Deductibles
- Other qualifying out-of-pocket expenses
Because hospitals frequently bill substantially more than they ultimately receive through insurance contracts, this change can reduce the medical expense portion of an injury award.
Why This Matters After a Car Accident
Many accident victims assume their medical bills automatically determine the value of their claim.
Unfortunately, that is no longer always true.
For example:
A hospital may bill $80,000 for treatment following a serious collision.
Health insurance may negotiate that amount down to $28,000.
Under the new law, the recoverable medical expense portion of the claim may be based largely upon the $28,000 actually paid, rather than the original $80,000 billed, depending on the circumstances of the case.
That difference can substantially affect the overall value of a settlement or jury verdict.
Does This Law Apply to Every Injury Case?
No.
The amendment does not apply in every situation.
Different rules may apply in cases involving:
- Certain medical malpractice claims
- Automobile accidents involving applicable Medical Payments ("Med Pay") coverage
- Other statutory exceptions recognized under Louisiana law
Determining which rules apply requires a careful review of the insurance policies involved and the specific facts of each case.
Insurance Companies Know About These Changes
Insurance companies closely monitor changes in Louisiana law.
Adjusters may attempt to use these new limitations to argue for lower settlement offers—even when other categories of damages remain significant.
However, medical expenses represent only one component of a personal injury claim.
Other recoverable damages may include:
- Physical pain and suffering
- Mental anguish
- Future medical treatment
- Permanent disability
- Loss of enjoyment of life
- Lost wages
- Future loss of earning capacity
- Property damage
- Scarring or disfigurement
Every case is unique, and the impact of the new law depends on the specific facts and available evidence.
Signs You Should Contact a Bossier City Car Accident Attorney
Not every accident requires hiring an attorney.
However, you should strongly consider speaking with a lawyer if:
- You suffered serious injuries.
- The insurance company disputes who caused the accident.
- Multiple vehicles were involved.
- A commercial truck was involved.
- The insurer offers a settlement that seems too low.
- You missed work because of your injuries.
- Medical bills continue to accumulate.
- Your injuries require ongoing treatment or future medical care.
The sooner an attorney becomes involved, the easier it may be to preserve evidence, interview witnesses, document damages, and protect your legal rights.
How a Bossier City Car Accident Attorney Can Help
An experienced attorney can guide you through every stage of the claims process by:
- Investigating the accident
- Obtaining crash reports
- Preserving important evidence
- Interviewing witnesses
- Working with accident reconstruction experts when appropriate
- Managing communications with insurance companies
- Calculating both current and future damages
- Negotiating with insurance adjusters
- Filing suit when necessary to protect your rights
Most importantly, having legal representation allows you to focus on your recovery while your attorney handles the legal process.
Injured in a Bossier City Car Accident? Know Your Rights.
A serious car accident can affect every aspect of your life. Medical treatment, missed work, financial stress, and negotiations with insurance companies often become overwhelming during an already difficult time.
If you were injured in a collision on Interstate 20, Airline Drive, Benton Road, Swan Lake Road, East Texas Street, or anywhere in Bossier Parish, understanding your legal rights is one of the most important steps you can take.
At Joseph A. Gregorio, A Professional Law Firm, we help injured clients evaluate their claims, understand how Louisiana's changing laws may affect their cases, and pursue the compensation available under the law.
The sooner you seek legal guidance, the sooner important evidence can be preserved and your claim can be properly evaluated.
Contact Joseph A. Gregorio, A Professional Law Firm today to schedule a consultation and learn more about your legal options after a Louisiana car accident. Contact our office today at (318) 719-7515 to request a complimentary consultation with one of our compassionate attorneys.
Frequently Asked Questions
Can I still recover compensation if my health insurance paid my medical bills?
Yes. However, Louisiana law may affect how recoverable medical expenses are calculated in certain cases. Other damages, such as pain and suffering, lost wages, and future medical expenses, may still be recoverable.
Does this law apply to every automobile accident?
No. Certain claims—including some involving Medical Payments (Med Pay) coverage or other statutory exceptions—may be governed by different rules.
Should I accept the insurance company's first settlement offer?
Not necessarily. Before accepting any settlement, it's wise to understand the full extent of your injuries, future medical needs, and how Louisiana law may affect your claim.
Speak to One of Our Skilled Personal Injury Lawyers
If you were injured in an accident, contact the knowledgeable legal team at Joseph A. Gregorio, A Professional Law Firm for the experienced legal help you need. We will aggressively fight for the compensation you deserve, relieving the financial burden of this overwhelming situation.
Contact our office today at (318) 719-7515 to request a complimentary consultation with one of our compassionate attorneys.