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A diagram illustrating how a Louisiana slip and fall settlement is calculated under La. C.C. art. 2323, starting with a gross $100,000 damages award based on special and general damages, and showing a final net recovery of $60,000 after a 40 percent comparative fault deduction. Reference case studies: Massery v. Rouse’s and Guerrero v. Super 1 Foods.
Personal Injury
Jeff Berniard

Louisiana Slip and Fall Settlements: A Guide to Damages and Recovery

If you’ve been injured in a business or grocery store, the question isn’t just “Who is at fault?” but “What is my case worth?” In Louisiana, slip and fall settlements aren’t random numbers; they are calculated based on your medical bills, your pain, and—critically—your own percentage of fault. How much is a slip and fall

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Work-Related Injury and Subsequent Leave: When is Compensation Due?

Navigating the complexities of workers’ compensation claims can be challenging, especially when subsequent health issues and leaves of absence are involved. A recent case highlights the importance of understanding the nuances of Louisiana workers’ compensation law and the critical role of proving causation in obtaining benefits. Jerry Neal, Jr., a radiology technician, sustained a back injury

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The Importance of Changing a Life Insurance Beneficiary After Divorce

Divorce can be tumultuous, marked by significant stress and numerous life changes. Amidst the emotional and practical adjustments, it is crucial not to overlook a critical task: updating the beneficiary of your life insurance policy. In Claiborne Parish, a compelling case serves as a cautionary tale, underscoring the paramount importance of understanding and verifying your

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No Pay, No Play, No Problem? Uninsured Motorist Injured in Car Accident Obtains Jury Award

Car accidents are traumatic experiences that occur every day across Louisiana. An accident can cause initial damage upon impact, but many accident victims also spend months and sometimes years coping with accident-related injuries.  On June 27, 2014, Jasmine Raymond, a twenty-four-year-old driver who did not have auto insurance as required by Louisiana law, was heading

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Careful Review of Home Insurance Policy Crucial

  It is extremely important to review your home insurance policy to determine what types of damages the policy will actually cover, especially in areas prone to suffer from hurricane damages. Under Louisiana law, the insured individual is required to first prove that the insurance policy covers the cause of the claim. For example, if

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Understanding the Direct Action Statute and Insurance Disputes

Louisiana has a Direct Action Statute that allows injured third parties to sue an insurance company directly when the insurance company’s insured causes an injury. For example, if you are involved an automobile accident where you are not at fault, you can sue the at-fault driver’s insurance company directly instead of suing the at-fault driver themselves. The Direct

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Uninsured Motorist Coverage: What Are Your Rights?

When you signed up for automobile insurance, you might have noticed that many states now require automobile insurance agencies to include some sort of uninsured motorist (“UM”) clause in your insurance agreement. Oftentimes, the only way to get out of including this in your coverage, and therefore having to pay a higher premium, is by

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Accident Reviews Nature of Employer-Employee Relationship

If you have ever been injured on the job or if you have ever known an employee who broke the law while on the job, you might know something about an employee-employer relationship and the legal obligations that come with such a relationship. Typically, if you are working for an employer and one of the

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Business Problems Arise Out Of Ambiguous Contract Terms

One area where lawyers must continue to improve is drafting contracts. It is imperative that lawyers learn the intricacies of legal writing and the different meanings words have in the legal community and their ordinary meaning. If a word or phrase in a company’s contract is ambiguous, it is susceptible to multiple interpretations and might

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Summary Judgment Risk When Failing to Follow Policy Language

Regardless of your level of legal training, we’re all guilty of ignoring the fine print but insurance coverage is often determined by the placement of an unnoticed word or punctuation mark in the language of the policy. Under Louisiana law, the insured bears the burden of proving that an incident falls within the terms of

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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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