Medical Bills in Louisiana Injury Cases: What Juries Will Now See

If you’ve been injured in an accident and are pursuing a personal injury claim, you should know about an important change to how Louisiana courts handle medical expenses. Starting January 1, 2026, juries will see different information about your medical bills than they did before.

Understanding “Phantom Damages”

When you receive medical treatment, hospitals and doctors typically bill a certain amount. However, if you have health insurance, Medicare, or Medicaid, those providers often negotiate lower rates and pay less than the full billed amount.

For example, a hospital might bill $10,000 for your treatment, but your insurance company might only pay $3,500 based on their negotiated rates. Under the old system, juries often saw only the $10,000 figure. The difference between what was billed and what was actually paid was sometimes called “phantom damages.”

What the New Law Changes

Under the new legislation, juries will now see both amounts: what was billed and what was actually paid by your health insurer, Medicare, or Medicaid. Your recovery for past medical expenses will generally be limited to the amount actually paid, plus any out-of-pocket costs you incurred like co-pays and deductibles.

Why This Matters for Your Case

This change could affect the total value of your personal injury claim. If there’s a significant difference between your billed medical charges and what insurance actually paid, the amount you can recover for past medical expenses may be lower than under the old rules.

However, this doesn’t affect all damages in your case. You can still recover for future medical expenses, lost wages, pain and suffering, and other damages.

What You Can Still Recover

The new law still allows you to recover your actual out-of-pocket medical costs, including co-pays and deductibles you paid, any medical expenses you paid directly, future medical expenses related to your injuries, and other damages beyond medical bills.

Contact Sartin Riché

Understanding how these changes affect your specific case requires experienced legal guidance. Contact Sartin Riché for a free consultation. We’ll help you understand the full value of your claim under the new rules and fight for every dollar you deserve.