When Kimberly Carter, a Little Rock, AR, resident, was visiting family in Louisiana in November of 2001, a misstep in a hole in the ground led to a legal battle that would not be resolved until 2010. After suffering an injury from the hole, Carter was transported to Women’s and…
Articles Posted in Litigation
Tragic Auto Accident in Morehouse Parish Illustrates Insurance Coverage Requirements for Substitute Vehicles
Imagine the following scenario: you are involved in a fender-bender in the parking lot of the grocery store. Your car is taken to the body shop for repairs. Since you need transportation to get to work and other places in the mean time, you rent a car from the local…
Medical Malpractice Case Demonstrates the Importance of Proper Venue
In litigation, the term venue means “the location where an action or proceeding may properly be brought and tried under the rules regulating the subject.” In other words, for each suit, there is a particular court where the plaintiff should file based on the situation’s unique facts. The Louisiana Code…
Proving a Claim of Asbestos Exposure
When you file a claim alleging asbestos exposure, what do you need to prove? This is an important question that, if not satisfied, may be the end of your lawsuit. Simply being exposed to any asbestos is not sufficient to maintain a claim. You, as the plaintiff, have the burden…
Prescription Rules in an Asbestos Case
As the last couple posts have described, some aspects of asbestos cases do not fit within the traditional mold of other personal injury cases. Because these cases continue to be treated as personal injury matters, some of the rules must be relaxed or modified. The Louisiana Supreme Court dealt with…
Assessing Multiple Defendants’ Liability in an Asbestos Case
As research has revealed more about the dangers of asbestos and the mechanics of how it causes certain types of lung disease and cancer, medical and social opinion of asbestos has changed. Likewise, the law of asbestos-related injuries has changed in the last half century. For example, one of our…
Berniard Law Firm Unveils Facebook Page Dedicated to BP Oil Spill
For all of our readers who are on Facebook, our firm has unveiled a new Page dedicated to the BP oil spill as a means to keep abreast of the latest news and more. Click here to add us!
Determining When an Asbestos Injury Has Occurred
Because of the nature of asbestos related diseases and the way victims contract them, injury cases involving asbestos can be complicated. Lengthy exposure to asbestos in Louisiana and the long latency, or development, of asbestos caused diseases takes these cases outside the realm of typical personal injury cases. While this…
Previous Injury and the Eggshell Plaintiff Rule
Accidents happen and when they do people wonder just how much can be considered when calculating damages. Many wonder “what happens when someone who is already injured is in an accident?” What’s more, if someone already had a bad knee, for example, can the defendant be held responsible for further…
Contract Indemnity Provision Voided Under Louisiana Oilfield Anti-Indemnity Act: Legislative Intent Irrelevant When a Statute is Clear
Samuel Silverman Jr. was injured while working for BJ Services Company, a contractor for Bass Enterprises Production Company, hired to provide services on an oil well in Cado Parish. The injury was to Silverman’s knee and occurred because a hoist operator employed by another contractor at the site, Mike Rogers’…