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Injured Worker Wins Right to Shoulder Surgery: Court Upholds Decision Against Employer and Insurer

In a victory for injured workers in Louisiana, the Court of Appeal for the Fourth Circuit recently upheld a decision granting Lorae Burnett the right to shoulder surgery following a work-related motor vehicle accident. The case, Burnett v. Full Force Staffing, LLC, & LUBA Casualty Insurance Company, centered on interpreting the state’s Medical Treatment Guidelines

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September 20, 2024 No Comments

Louisiana Court Upholds Insurer’s Position in Uninsured Motorist Claim Dispute

In a recent ruling, the Louisiana Court of Appeal, Third Circuit, affirmed a trial court’s decision denying Amanda Bertrand’s claim for penalties and attorney fees against her underinsured/uninsured motorist (UM) insurer, Progressive Security Insurance Company. The case stemmed from a dispute over the timeliness of Progressive’s payment following Ms. Bertrand’s demand for the limits of

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September 14, 2024 No Comments

Unexpected Acceleration or Failure to Yield? Louisiana Court Reverses Summary Judgment in Car Accident Case

In personal injury law, car accidents at intersections are all too common. However, the case of Trapp v. Allstate Property and Casualty Insurance Company brings a unique twist: the claim of a sudden, unexpected vehicle malfunction. This Louisiana Court of Appeal decision underscores the importance of thoroughly investigating all aspects of an accident before assigning

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September 7, 2024 No Comments

Can a Prior Insurance Lawsuit Affect Your Personal Injury Claim?

In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed a suit through her insurer,

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September 4, 2024 No Comments

Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions

A recent ruling from the Louisiana Court of Appeal underscores the challenges of securing substantial damages in personal injury cases, especially when pre-existing conditions and the severity of the accident are at play. The case, Pourciau v. Melville and State Farm, involved a minor rear-end collision. While the defendant admitted fault, the court ultimately upheld

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September 2, 2024 No Comments

When Does an Insurance Contract End? Louisiana Court Reverses Summary Judgment in Dispute Over Coverage Extension

In the complex world of insurance coverage disputes, a recent Louisiana Court of Appeal decision underscores the importance of thoroughly examining factual issues before granting summary judgment. The case involved a personal injury lawsuit and a subsequent dispute over insurance coverage. The appellate court’s ruling is a stark reminder that seemingly straightforward cases can hinge

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August 30, 2024 No Comments

Jeffrey Berniard

Attorney Jeff Berniard, Licensed Louisiana Attorney and Founder of Berniard Law Firm

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

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