Tort Reform
TRAILBLAZERS
Indiana lawmakers passed two important pieces of legislation intended to improve the state's civil justice climate this year, landing it among 2024's "Tort Reform Trailblazers."
SIGNED
Sponsored by Rep. Jim Pressel (R)
SIGNED
Sponsored by Rep. Matt Lehman (R)
2024 Legislative Session Adjourned:
March 8, 2024
Lawsuit abuse and excessive tort costs result in an annual “tort tax”
of $1,205 paid by every Indiana resident. These reforms further seek to lessen the economic burden families face, including the more than
76,000 jobs lost in the Hoosier State every year due to excessive tort costs.
9
SENATE
40
1 Vacancy
30
HOUSE
70
Seat Belt Evidence Admissibility
Sponsored by
Rep. Jim Pressel (R)
H.B. 1090 was signed into law by Gov. Eric Holcomb (R)
on March 11, 2024.
H.B. 1090 allows juries to hear evidence of the non-use or misuse of seat belts for the purposes of mitigation of damages and only applies to individuals 15 years of age and older.
Despite Indianans’ expectation that motorists wear their seat belts to prevent injuries in the event of a collision, current statute prevents Indiana jurors asked to render verdicts in lawsuits arising from motor vehicle accidents from considering evidence that a vehicle occupant was not properly restrained.
Although Indiana policy and practice embrace the belief that motorists should always wear seat belts to reduce the potential for serious injury
in a collision, the out-of-date statutory "seatbelt gag rule" provision unfairly rewards unbelted occupants by allowing them to avoid the consequences of their decision not to buckle up.
Co-Authored by
Rep. Chris
Jeter (R)
Sponsored by
Sen. Liz Brown (R)
Authored by
Rep. Matt Lehman (R)
Co-Authored by
Rep. Gregory Steuerwald (R)
Sponsored by
Sen. Mark Messmer (R)
Sponsored by
Sen. Lonnie Randolph (D)
Third-Party Litigation Financing
H.B. 1160 was signed into law by Gov. Eric Holcomb (R)
on March 13, 2024.
Indiana lawmakers passed a bill to address the growing practice of third-party litigation funding, also known as commercial litigation financing. This bill seeks to safeguard the civil justice system by ensuring that outside entities cannot unduly influence or control legal proceedings.
Third-party litigation funding involves companies providing capital to plaintiffs or their attorneys to cover legal fees and expenses in exchange for a share of any potential settlement or award. This practice raises concerns about potential conflicts of interest and compromised attorney-client relationships.
Litigation funders may prioritize their financial interests over the best interests of plaintiffs, potentially pressuring parties to accept unfavorable settlements or pursue cases primarily for
profit motives. There are also concerns about the involvement of foreign entities, which could pose national security risks or enable foreign influence over domestic legal matters.
Indiana's bill aims to address these concerns by implementing several key measures:
KEY
Voted in Favor of Reform
Voted Against Reform
Absent
Excused
Did Not Vote
House Floor Votes | ||
Name | Seat Belt Evidence Admissibility H.B. 1090 | Third Party Litigation Financing H.B. 1160 |
Abbott D (R) | ||
Andrade (D) | ||
Aylesworth (R) | ||
Baird B (R) | ||
Barrett (R) | ||
Bartels (R) | ||
Bartlett (D) | ||
Bauer M (D) | ||
Behning (R) | ||
Borders (R) | ||
Boy (D) | ||
Campbell (D) | ||
Carbaugh (R) | ||
Cash (R) | ||
Cherry (R) | ||
Clere (R) | ||
Criswell (R) | ||
Culp (R) | ||
Davis (R) | ||
DeLaney (D) | ||
DeVon (R) | ||
Dvorak (D) | ||
Engleman (R) | ||
Errington (D) | ||
Fleming (D) | ||
Garcia Wilburn (D) | ||
Genda (R) | ||
GiaQuinta (D) | ||
Goodrich (R) | ||
Gore (D) | ||
Goss-Reaves (R) | ||
Greene (R) | ||
Haggard (R) | ||
Hall (R) | ||
Hamilton (D) | ||
Harris (D) | ||
Hatcher (D) | ||
Hatfield (D) | ||
Heaton (R) | ||
Heine (R) | ||
Hostettler (R) | ||
Huston (R) | ||
Jackson (D) | ||
Jeter (R) | ||
Johnson (D) | ||
Jordan (R) | ||
Judy (R) | ||
Karickhoff (R) | ||
King (R) | ||
Klinker (D) | ||
Lauer (R) | ||
Ledbetter (R) | ||
Lehman (R) | ||
Lindauer (R) | ||
Lucas (R) | ||
Lyness (R) | ||
Manning (R) | ||
May (R) | ||
Mayfield (R) | ||
McGuire (R) | ||
McNamara (R) | ||
Meltzer (R) | ||
Miller (R) | ||
Miller K (D) | ||
Moed (D) | ||
Morris B (R) | ||
Morrison A (R) | ||
Moseley (D) | ||
Negele (R) | ||
O'Brien (R) | ||
Olthoff (R) |