Legal Library

BERNIARD LAW LEGAL LIBRARY

Welcome to the Berniard Law Legal Library—Louisiana’s most comprehensive resource for understanding the complexities of the civil legal system. In the wake of the landmark 2024 and 2025 legislative reforms, navigating a personal injury or insurance claim requires more than just a basic understanding of the facts; it requires a deep dive into the Louisiana Civil Code.

Following the repeal of the Housley Presumption and the extension of the prescriptive period to two years, the burden of proof for victims has never been higher. This library is designed to bridge the gap between technical statutes and real-world justice. Here, you will find expert analysis on everything from the nuances of Civil Code Articles 1-13 to the forensic strategies required to win catastrophic trucking and spinal injury cases. Whether you are dealing with an underpaid insurance claim or a complex mass tort, Jeffrey Berniard and his team have curated these resources to ensure you have the knowledge needed to protect your future in the modern 2026 legal era.

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Attorney Jeff Berniard Featured on WGNO for Leadership in Smitty’s Supply Class Action Lawsuit

Attorney Jeff Berniard, founder of the Berniard Law Firm, was recently featured on WGNO News for his leadership in filing a class action lawsuit on ...
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Berniard Law Firm Takes Legal Action for Families Displaced by the Smitty’s Supply Fire

When the Smitty’s Supply facility erupted in flames on August 22, 2025, residents within a one-mile radius were ordered to evacuate. Families were forced from ...
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Berniard Law Firm Files Class Action Lawsuit Following Smitty’s Supply Explosion in Tangipahoa Parish

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Community Concerns After the Smitty’s Supply Explosion in Tangipahoa Parish

The Smitty’s Supply plant explosion and fire in Roseland, Louisiana on August 22, 2025 has left the Tangipahoa Parish community shaken. Families were forced to ...
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What You Need to Know About the Smitty’s Supply Explosion and Fire in Tangipahoa Parish

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Video Surveillance Clears Dollar General: No Liability Without Proof of a Hazard

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Stairway to Dismissal: Missed Deadline Leads to Summary Judgment in Injury Case

This case focuses on the procedural aspects of a personal injury lawsuit, highlighting the importance of deadlines and the consequences of missing them. Case Background ...
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Who Threw the First Punch? Factual Dispute Sends Lawyer Fight to Trial

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Medical Malpractice Claim Fails: No Expert Testimony to Support Allegations

The following case highlights the critical role of expert testimony in medical malpractice lawsuits and the difficulty of succeeding on such claims without it. Case ...
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Time’s Up! Court Rules Umbrella Policy Claim Prescribed in Louisiana Accident Case

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Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land. Case Background Lanie ...
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Did She Slip or Did She Trip? A Louisiana “Slip and Fall” Case Hinges on Evidence

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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.

Louisiana Legal Terms & Definitions

In Louisiana, "Prescription" refers to the statute of limitations. Thanks to 2024 legislative changes, you now generally have two years to file a personal injury lawsuit, though certain exceptions apply.

This rule determines how damages are paid if both parties are at fault. If you are found to be 50% or less at fault, your recovery is reduced by that percentage. However, if you are more than 50% at fault, you are barred from recovery.

Under LA R.S. 22:1892, an insurer acts in "Bad Faith" when they are arbitrary or capricious in denying or underpaying a valid claim. This can lead to penalties of up to 50% of the damages due.

Historically, this allowed courts to assume an accident caused an injury if the victim was healthy before. Since its repeal in 2024, we now use medical experts to affirmatively prove the "causation nexus."

This legal doctrine (often called Respondeat Superior) holds employers responsible for the negligent acts of their employees while they are on the clock—critical in [commercial truck accident cases].

This allows a victim to hold a defendant liable for damages without proving direct negligence, often applied in cases involving defective products or certain types of property ownership in Louisiana.

A claim made by the family members of an injured person for the loss of companionship, affection, and assistance. This is a common component of wrongful death lawsuits.

General damages cover non-monetary losses like pain and suffering. Special damages cover quantifiable financial losses, such as medical bills and lost wages.

A formal set of written questions sent by one party to another during the "Discovery" phase of a lawsuit. These must be answered under oath and are critical for building a personal injury case.

A term used primarily in Workers' Compensation to describe the point at which an injured worker’s condition has stabilized and no further significant improvement is expected.

Louisiana Mesothelioma, Silicosis & Toxic Tort Injury Lawyers
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