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

Underwater Collision Sparks Legal Battle: Shell Offshore vs. Tesla and International

In the depths of the Gulf of Mexico, a seemingly minor incident set off a chain of legal events that reverberated through the maritime industry. ...
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Tragic Accident: A Bow Hunter’s Unfortunate Demise and the Legal Battle That Followed

St. Tammany Parish Alleged Fail Air Bag Louisiana Products Liability Act Lawsuit Dismissed
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Safety Recall Doesn’t Negate Redhibition: Louisiana Court Rules in Favor of Car Buyer

In a victory for consumer rights, the Louisiana Fifth Circuit Court of Appeal recently overturned a trial court’s decision to dismiss a redhibition claim against ...
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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
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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 ...
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Street Collapse and the Question of Notice: Court Reopens Case Against City and Contractor

Slip-and-fall Lawsuit Dismissed for Lack of Actual or Constructive Notice
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When Ignoring Student Debt Comes Back to Bite: Xavier University Wins Key Court Battle

In a recent ruling highlighting the importance of responding to legal actions, the Louisiana Court of Appeal, Fourth Circuit, sided with Xavier University of Louisiana ...
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Manual Labor Trumps Independent Contractor Status: Court Secures Workers’ Compensation Benefits for Deceased Worker’s Family

Can Independent Contractors Performing Manual Labor Receive Workers’ Compensation Benefits in Louisiana?
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Injured Worker Wins Right to Shoulder Surgery: Court Upholds Decision Against Employer and Insurer

In a victory for injured workers in Louisiana, the Court of Appeal for the Fourth Circuit recently upheld a decision granting Lorae Burnett the right ...
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No Financing, No Closing, No Problem: Court Upholds Stipulated Damages in Failed Real Estate Deal

Unilateral Signature On Contract To Buy Real Estate Invalid
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Siblings Awarded $200K in Legal Malpractice Case: A Cautionary Tale of Attorney Negligence

In a poignant reminder of the potential consequences of attorney negligence, the Louisiana Court of Appeal recently upheld a substantial $200,000 legal malpractice award to ...
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Seaman or Not? Court Reverses Summary Judgment in Deepwater Horizon Cleanup Worker Injury Case

Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case
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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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