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Negligence

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Louisiana Supreme Court Finds Binding Arbitration Clause Fair and Reasonable to the Client

The Louisiana Supreme Court has recently undertaken a case deciding whether arbitration clauses in attorney-client retainer agreements are appropriate. In the past, Louisiana has favored the enforcement of arbitration clauses in written contracts. Arbitration avoids taking a case to trial and is a thrifty and efficient way to conduct the resolution of disputes outside of

May 10, 2013 No Comments

Louisiana Couple Injured in Car Accident Seeks Recovery from Insurance Companies

You have just been involved in a car accident. Someone else was driving, and you bring suit against them and several insurance companies that are involved. But who has the burden of proof to prove how much you should be able to recover from the insurance companies? In Louisiana, that burden is on the plaintiff.

May 6, 2013 No Comments

The Carefully Worded Insurance Policy: Making Sure Your Coverage Matches Your Expectations

Do you drive an automobile insured through an employer? How well do you know the policy? It’s possible that you aren’t covered as well as you think. The petitioners of Broussard v. Progressive Sec. Ins. Co. were merely seeking coverage compensation after a seemingly simple traffic accident in Maurice, Louisiana. They ended up in court

May 2, 2013 No Comments

Summary Judgment Rules Brought to Light in Tort Case

A Louisiana volunteer firefighter, Rodney Champagne, who works for the Duson Volunteer Fire Department was injured around June 28, 2010, while testing fire hoses at the fire department. After the hose wall blew out, the hose struck Mr. Champagne in the head, ultimately causing permanent mental injuries. The contact also fractured his skull. In response,

May 1, 2013 No Comments

The When and How of Waiving Uninsured Motorist Coverage

Uninsured motorist (UM) coverage protects drivers from individuals not carrying sufficient insurance. The importance of such coverage makes waiving it a somewhat complicated procedure, designed to make sure the driver truly does not want it. A case in Abbeville, Louisiana, illustrates the complexities of when corporations waive UM coverage on company automobiles. Plaintiff James Bergeron

April 30, 2013 No Comments

High/Low Agreement Proves Fatal to Plaintiff’s Cause of Action

Settling with an insurance company out of court is commonplace in the legal world. However, entering into a “High/Low” agreement prior to trial can come back to hurt a plaintiff and should be carefully worded and considered before executed. The cost of this kind of failure is exemplified in Soileau v. Smith True Value and

April 28, 2013 No Comments

Intricate Rules of Procedure Come to Light in Malpractice Suit

Medical treatment is always a sensitive legal issue. In one instance, a patient, Ms. Finley, received an improper diagnosing from her local ER. The trial court granted Ms. Finley’s motion for summary judgment against an Emergency Room (ER) doctor for breaching the standard of care by misdiagnosing her during examination. The Court of Appeals reversed

April 27, 2013 No Comments

Comparative Fault and Reduced Court Fees for Victims

Louisiana, like many other jurisdictions, has adopted the doctrine of comparative fault. Prior to comparative fault, many plaintiffs were denied recovery from a negligent wrongdoer if they also were negligently at fault (according to the doctrine of contributory negligence). Comparative fault alleviated this harsh rule of contributory negligence and, for some time now, Louisiana Law

April 23, 2013 No Comments

Lafayette Summary Judgment Case Highlights Insurance Company Practices

Summary judgment is a mechanism used when one party clearly deserves to win the case based on either issues of fact or law. That is, the parties agree to facts and those facts point to a clear winner of the case when the correct laws are applied. Summary judgment helps cases move quickly through the

April 21, 2013 No Comments

Lawsuit Involving Injury Filed Against Wrong Hotel Requiring Amended Petitions

In the summer of 2007, a woman was dining at a hotel restaurant in Alexandria, LA, when she was injured, allegedly by the restaurant’s negligence. Exactly one year later the aggrieved, Ms. Holmes, filed suit, naming Choice Hotels, Inc. as the defendant. Within weeks Choice Hotels responded, asserting it had no connection whatsoever with the

April 21, 2013 No Comments

Jeffrey Berniard

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

VIEWING ARCHIVES FOR:

Negligence

Search Our Legal Knowledge Base

Louisiana Supreme Court Finds Binding Arbitration Clause Fair and Reasonable to the Client

Louisiana Couple Injured in Car Accident Seeks Recovery from Insurance Companies

The Carefully Worded Insurance Policy: Making Sure Your Coverage Matches Your Expectations

Summary Judgment Rules Brought to Light in Tort Case

The When and How of Waiving Uninsured Motorist Coverage

High/Low Agreement Proves Fatal to Plaintiff’s Cause of Action

Intricate Rules of Procedure Come to Light in Malpractice Suit

Comparative Fault and Reduced Court Fees for Victims

Lafayette Summary Judgment Case Highlights Insurance Company Practices

Lawsuit Involving Injury Filed Against Wrong Hotel Requiring Amended Petitions

Jeffrey Berniard

Archives

Louisiana Supreme Court Finds Binding Arbitration Clause Fair and Reasonable to the Client

Louisiana Couple Injured in Car Accident Seeks Recovery from Insurance Companies

The Carefully Worded Insurance Policy: Making Sure Your Coverage Matches Your Expectations

Summary Judgment Rules Brought to Light in Tort Case

The When and How of Waiving Uninsured Motorist Coverage

High/Low Agreement Proves Fatal to Plaintiff’s Cause of Action

Intricate Rules of Procedure Come to Light in Malpractice Suit

Comparative Fault and Reduced Court Fees for Victims

Lafayette Summary Judgment Case Highlights Insurance Company Practices

Lawsuit Involving Injury Filed Against Wrong Hotel Requiring Amended Petitions

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