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The new law provides that where a claimant's medical expenses have been paid, in whole or in part, by a health insurer or Medicare, the claimant's recovery of medical expenses is limited to the amount actually paid or owed by the claimant and not the amount billed.
Bench trial - Trial without a jury in which a judge decides the facts.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.
In Louisiana, the parties to a civil lawsuit, like a car wreck case, have the right to a trial by jury if the amount in controversy is $10,000 or more. However, if the amount at issue is less than $10,000, or if the parties agree, the case may be tried to a judge, without a jury.
The right to a jury trial refers to the right provided by the Sixth and Seventh Amendments. The Sixth Amendment states that in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the state and district in which the individual allegedly committed a crime.
Present law (C.C.P. Art. 1732) authorizes a jury trial when the amount in controversy exceeds $50,000. Proposed law reduces the threshold for a jury trial to $10,000.
Louisiana Laws - Louisiana State Legislature. A. (1) Except as provided in Subparagraph (2) of this Paragraph, a party may obtain a trial by jury by filing a pleading demanding a trial by jury and a bond in the amount and within the time set by the court pursuant to Article 1734.