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Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony

A recent Louisiana Court of Appeal decision has underscored the significance of expert testimony in medical malpractice cases. The case, Mariakis v. North Oaks Health System, involved a wrongful death lawsuit alleging that the hospital failed to provide adequate care, leading to the patient’s death. The trial court initially granted summary judgment in favor of

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September 4, 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

Hotel Not Liable for Pool Injury: Understanding Premises Liability and the “Res Ipsa Loquitur” Doctrine in Louisiana

A recent Louisiana Court of Appeal ruling underscores the complexities of premises liability cases and the challenges plaintiffs face in proving negligence when accidents occur on someone else’s property. The case, Krueger v. La Quinta Inn & Suites, involved a guest who suffered a foot injury due to broken glass in the hotel pool. While

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August 31, 2024 No Comments

Rear-Ended and in Pain: Navigating Damages in a Louisiana Car Accident Case with Pre-Existing Conditions

Deference to Trial Court: Appellate courts generally respect the trial court’s discretion in awarding damages unless the awards are manifestly erroneous or shock the conscience. If you’ve been injured in a car accident, seeking legal advice from an experienced personal injury attorney is essential. They can help you understand your rights, gather evidence, and pursue

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August 29, 2024 No Comments

No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases

A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages. The case started when Rosa Cruz was involved

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August 28, 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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