Insurer’s Res Judicata Gambit Fails: Court Revives Car Accident Victim’s UM Claim
The High Cost of Overlooking Fine Print: A Cautionary Tale of Settlements and Release Forms
September 23, 2024
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Too Late to Sue: Court Upholds Prescription in Construction Site Injury Case
In a ruling emphasizing the critical importance of adhering to legal deadlines, the Louisiana Court of Appeal, Fifth Circuit, affirmed the dismissal of a personal injury lawsuit due to prescription, leaving the injured plaintiff without recourse. In the case, the court affirmed a trial court judgment that dismissed Tammy Blanchard’s personal injury claims due to
September 22, 2024
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Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case
A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about
September 16, 2024
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Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages
A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any general damages for pain and
September 13, 2024
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Louisiana Court Upholds Prescription in Wrongful Death Suit, Highlights Joint Tortfeasor Rule
A recent ruling by the Louisiana Court of Appeal has shed light on the complexities of prescription (the state’s equivalent of a statute of limitations) and the concept of joint tortfeasors in wrongful death cases. The case, Crocker v. Baton Rouge General Medical Center, involved a tragic incident where a mentally impaired man, Jerry Sheppard,
September 12, 2024
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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
September 7, 2024
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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,
September 4, 2024
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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
September 2, 2024
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Pre-Existing Conditions and Car Accident Claims in Louisiana: Navigating the “Adequate Compensation” Hurdle
Louisiana Court Awards Damages in Car Accident Case Despite Pre-Existing Conditions and No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases
September 2, 2024
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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
August 31, 2024
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Jeffrey Berniard
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.