House Bill No. 435 proposes to enact R.S. 22:1899, which establishes limitations on the recovery of general damages in delictual actions. The bill defines "general damages" as subjective, nonpecuniary damages related to various forms of suffering and loss, while "special damages" are defined as objectively verifiable pecuniary damages. Under this proposed law, a tortfeasor would not be required to pay more than $5 million in general damages to any single claimant or plaintiff. Additionally, the jury in such cases will not be informed of this limitation, but courts are mandated to reduce any awarded general damages that exceed this cap.

The bill clarifies that it does not create new causes of action or define recoverable damages in delictual actions as outlined in the Civil Code. The amendments adopted by the House Committee on Civil Law and Procedure adjust the applicability of the proposed law from claims filed under a liability policy to suits for damages arising from delictual actions. This legislative change aims to provide clearer guidelines and limitations regarding the compensation for general damages in Louisiana.