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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No Bond, No Appeal: Louisiana Court Dismisses Workers’ Comp Appeal for Procedural Misstep

In a decisive move highlighting the importance of procedural adherence in workers’ compensation cases, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal because ...
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New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language

Final Judgment Lacking Decretal Language: What Happens to Your Case?
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Louisiana Court Reverses Summary Judgment in Medical Malpractice Case, Highlighting Importance of Fact-Finding in Proving Negligence

In a significant development for medical malpractice litigation in Louisiana, the Fourth Circuit Court of Appeal recently reversed a summary judgment, underscoring the importance of ...
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Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit

The Importance of Accurate Service of Process Information in Lawsuits and Trial Court Errs by Granting an Exception of Prescription to Insurance Company
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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 ...
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No Duty, No Liability: Court Clears Stanley Access Technologies in Revolving Door Accident Case

Door Closing Mechanism Causes Trip and Fall, Who is Liable? and When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability
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Louisiana Court Raises the Bar on General Damages in Unprovoked Attack Case

In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured ...
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Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case

Who is a Seaman under the Jones Act Coverage? Enter the Chandris Test
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Louisiana Court Upholds Insurer’s Position in Uninsured Motorist Claim Dispute

In a recent ruling, the Louisiana Court of Appeal, Third Circuit, affirmed a trial court’s decision denying Amanda Bertrand’s claim for penalties and attorney fees ...
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Louisiana Court of Appeal Rules in Favor of Golden Nugget in Slip and Fall Case

Louisiana Court Reverses Slip-and-Fall Judgment Against Hospital, Highlighting “Reasonable Care” Standard
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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 ...
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Louisiana Court Reverses Summary Judgment in Legal Malpractice Case, Underscoring Importance of Contractual Claims in Insurance Disputes

Louisiana Court Refuses to Assert Jurisdiction Over Conditional Judgment in Legal Malpractice Lawsuit and Understanding Legal Malpractice Claims: Establishing Negligence and Loss
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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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