Breaux Law Firm Warns New State Law Creates a 'Two-Tiered System of Justice' on Louisiana Roads, Forcing Firms to Deny Representation to a Vulnerable Population

NEW ORLEANS, Oct. 14, 2025 /PRNewswire/ -- Evan Breaux, co-owner of the Breaux Law Firm, today issued a stark warning about the far-reaching consequences of a new state law that effectively bars undocumented residents from recovering key damages in automobile accidents. The law, Act 17 of the 2025 legislative session, has created what Breaux calls a "dangerous and deeply inequitable two-tiered system of justice," compelling his firm and others across the state to turn away a class of grievously injured individuals, even when they are not at fault for their accidents.

As a long-standing advocate for the injured in Louisiana, I have always operated under the principle that justice should be accessible to all, regardless of background or status. Our mission has been to stand up for anyone harmed by the negligence of others. It is therefore with profound disappointment that I must announce a change, not in our values, but in our ability to act on them. Due to the passage of Act 17, which enacts Louisiana Civil Code Article 2315.12, we can no longer, in good faith, represent undocumented individuals injured in auto accidents. This law has been presented as a form of tort reform, but its real-world impact is the legislative equivalent of closing the courthouse doors to a group of people who contribute to our communities and are now left without meaningful recourse when they are wronged.

This is not a decision we make lightly. It is a direct and unavoidable consequence of a poorly conceived law that devalues human suffering and threatens to make our roads less safe for every single driver in Louisiana. My purpose today is to explain the severe implications of this legislation and to sound the alarm about its broader societal costs.

The Erosion of a Constitutional Bedrock

To grasp the severity of this new law, it is crucial to understand the legal foundation it attacks. For over a century, the U.S. Constitution has been interpreted to guarantee that fundamental legal protections apply to any "person" within our borders, not just citizens. The Fifth and Fourteenth Amendments ensure due process and equal protection, principles that have historically granted everyone, regardless of immigration status, the right to seek justice in our courts. Louisiana's own constitution has always reflected this inclusive standard.

Until now, our state's legal precedent has been clear. In the context of workers' compensation, for example, Louisiana courts have explicitly affirmed that undocumented workers are entitled to benefits, noting that the legislature had never shown an intent to exclude them. Act 17 marks a radical and targeted departure from this history. While states like California and New York continue to uphold the rights of all injured individuals to seek full compensation, Louisiana has chosen to become a regressive outlier. 

This law is part of a much larger, pro-insurance legislative package that Governor Jeff Landry has called the "largest tort reform effort in state history". It is not an isolated policy but the sharpest edge of a broad agenda designed to limit the rights of all injured plaintiffs and shield insurance companies from accountability. 

A Surgical Strike on Justice: Analyzing Civil Code Article 2315.12

The new law, which takes effect on August 1, 2025, is devastatingly simple in its execution. It states that an "unauthorized alien" injured in an automobile accident cannot be awarded "general damages and past and future wages". 

What does this mean in human terms? The law allows an undocumented victim to sue for their medical bills and vehicle damage, but it strips them of the right to be compensated for the very things that make an injury a life-altering event.

• General Damages: This is the legal term for human suffering. It includes compensation for physical pain, mental anguish, permanent disfigurement, and the loss of the ability to enjoy one's life. By eliminating these damages, the law essentially declares that the pain and trauma of an undocumented person have no value in a Louisiana court of law.
• Lost Wages: This includes not only the income lost during recovery but, critically, a person's entire future earning capacity. If a drunk driver permanently disables a 30-year-old undocumented construction worker, this law says the victim cannot be compensated for the lifetime of income that was stolen from them and their family.

The law has effectively gutted personal injury claims for this entire class of people. The table below illustrates just how much has been taken away:

The law contains a single, narrow exception for claims made against an Uninsured/Underinsured Motorist (UM/UIM) policy, but only if the injured person is a "named insured" on that policy. This creates a perverse incentive structure where the at-fault driver is shielded from responsibility for the victim's suffering, while the victim is only compensated if they had the foresight to purchase their own specific insurance coverage. Justice should never depend on the source of the payment; it should be about holding the wrongdoer accountable for the harm they cause.

The Practical Impossibility of Representation

As an industry leader, I must be clear about why this law forces our hand. The Breaux Law Firm, like most personal injury firms, operates on a contingency fee basis. We invest our own significant time and resources—often tens of thousands of dollars in expert fees, investigation, and court costs—to pursue a case. We are only paid if we win a recovery for our client.

This model is the key that unlocks the courthouse doors for everyday people. However, it is only viable when the potential recovery is sufficient to compensate the client for their immense losses, pay their medical debts, and cover the costs and risks of litigation.

By eliminating general damages and lost wages—the most significant components of any serious injury claim—Act 17 makes it financially impossible to pursue these cases. The remaining damages for medical bills are often not enough to even cover the client's healthcare liens, let alone the cost of a lawsuit. The legislature has weaponized the contingency fee system against the very people it was designed to help, effectively barring them from justice without ever saying so explicitly.

A Flawed Law with Dangerous Consequences for All Louisianans

The stated rationale for this law—to lower Louisiana's high auto insurance rates—is dangerously flawed. Yes, we, as Louisiana citizens, want to have lower insurance rates but the insurance industry's public relations machine has spent an enormous amount of time and money to convince Louisianaians that it is, in fact, their fault (for making claims) that our insurance premiums are as high as they are. No evidence or assurance has been offered by the Louisiana Department of Insurance that shows when or how they will "reduce insurance rates in Louisiana"; however, Act 17 was passed all the same. I am unclear why passing punitive limitations against undocumented immigrants only will have any effect whatsoever on Louisiana insurance rates. In my expert opinion, this law is far more likely to have the opposite effect. By removing any meaningful legal recourse for being injured by a negligent driver, the law simultaneously removes the primary incentive for an undocumented person to purchase auto insurance in the first place.

Furthermore, this law creates a moral hazard. It sends a chilling message that the lives and safety of a certain segment of our community are worth less than others. This devalues human life and undermines the deterrent effect of our civil justice system, potentially leading to an increase in hit-and-run accidents if at-fault drivers believe their victim has no legal standing.

A Call for Reconsideration and a Commitment to Justice

Act 17 is a stain on Louisiana's legal system. It is almost certain to face constitutional challenges on the grounds that it violates the Equal Protection Clause of the Fourteenth Amendment and represents an unconstitutional state-level intrusion into federal immigration authority.

While those battles are fought in court, I urge our state legislature to reconsider this misguided and harmful law. Its potential to backfire on the very citizens it claims to protect is immense.

The Breaux Law Firm was founded to seek justice for all. While this law now prevents us from representing a group of people who desperately need advocates, our commitment to that founding principle is unwavering. We will continue to fight for every client we can, and we will lend our voice to the effort to restore a fair and equitable system of justice for every person who calls Louisiana home.

About Breaux Law Firm: The Breaux Law Firm is a premier personal injury firm dedicated to providing exceptional legal representation to individuals and families who have suffered due to the negligence of others. With a deep commitment to justice and a track record of success, the firm advocates tirelessly for the rights of the injured throughout Louisiana.

SOURCE Breaux Law Firm