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.

Search Our Legal Knowledge Base

Who’s Responsible When a Step Collapses?

The following case deals with a common scenario: a guest gets injured at a business and sues, alleging negligence. But the legal outcome hinges on ...
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Did the Son Have the Right to Lend Dad the Company Truck?

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When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

A tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. ...
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When a Night Out Turns Tragic: Fight for Justice After a Parking Lot Shooting

Is a Franchisor Liable for the Criminal Acts of a Third Party?
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Louisiana Medical Malpractice: When the Mailbox Rule Doesn’t Deliver

Filing a medical malpractice claim in Louisiana involves navigating a complex process, including meeting strict deadlines. One crucial step is timely paying the filing fee ...
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When Contracts Collide: Turner Industries & Honeywell’s Indemnity Dispute

Mesothelioma Victim Survives Summary Judgment in Lawsuit Over Asbestos Exposure by Point Coupee Parish Sugar Mill
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Car Insurance Exclusions: The Battle Between Intent and Fine Print

Car insurance policies can be riddled with complex terms and conditions, often leading to misunderstandings between policyholders and insurers. The case of Mandi and Abigail ...
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Lights and Sirens: When Emergency Response Leads to a Crash

Emergency Medical Technician Not Liable When Following Proper Protocols During Medical Emergencies
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Subrogation Rights Upheld: Insurer’s Claim Prevails Despite Settlement

In the realm of insurance claims and legal disputes, the concept of subrogation often plays a crucial role. Subrogation allows an insurer, after paying a ...
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Slipping Through the Cracks: The Importance of Timely Legal Action

statute of limitations. Micken appealed, arguing that the substitution of defendants should relate back to the original filing date, making her lawsuit timely. The Court ...
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Sewage Spill Showdown: Cedar Lodge’s Fight for Justice Against Fairway View Apartments

A picturesque pond, once teeming with life, transformed into a murky, foul-smelling mess. The culprit? Alleged sewage contamination from a neighboring apartment complex. This is ...
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Can You Sue for Stolen Data That’s Not a Trade Secret? Court Ruling Clarifies

Can You Sue an Out-of-State Employer in Louisiana? Personal Jurisdiction Limits
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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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