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
No Bond, No Appeal: Louisiana Court Dismisses Workers’ Comp Appeal for Procedural Misstep
New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language
Louisiana Court Reverses Summary Judgment in Medical Malpractice Case, Highlighting Importance of Fact-Finding in Proving Negligence
Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit
Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case
No Duty, No Liability: Court Clears Stanley Access Technologies in Revolving Door Accident Case
Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case
Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case
Louisiana Court Upholds Insurer’s Position in Uninsured Motorist Claim Dispute
Louisiana Court of Appeal Rules in Favor of Golden Nugget in Slip and Fall Case
Louisiana Court Adjusts Damages in Car Accident Case, Emphasizes Need for General Damages
Louisiana Court Reverses Summary Judgment in Legal Malpractice Case, Underscoring Importance of Contractual Claims in Insurance Disputes
Jeffrey Berniard
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.