In a fairly publicized case, three people were killed in 2008 by a diving boat explosion off the coast of Louisiana. This case is still working its way through the courts and got a little further from resolution in Jillian Morrison, LLC v. Sonia because of an obscure legal concept:…
You are sitting in your car, stopped at a stop sign, patiently waiting for the right moment to go. Suddenly, the distracted driver behind you rear-ends you. You go through the hassle of filing a report and you exchange information. Shortly thereafter, feeling some slight pain from the accident, you…
The Berniard Law Firm’s principal attorney, Jeffrey Berniard, recently taught an Introduction to Personal Injury course. Having been an active part of Continuing Legal Education (CLE), Mr. Berniard was selected to teach the topic due to the firm’s specialization in medical malpractice, first party insurance disputes, and premises liability claims.…
A recent sad case from the Second Circuit Court of Appeal demonstrates how difficult statute interpretation can be. Adrienne Breana Howard was a high school student in Rayville, LA. Struck by an oncoming school bus when she was either pushed or fell off the sidewalk and into the street, Breana…
Louisiana strongly favors arbitration between parties when they have a dispute. Generally, it is less expensive and less time consuming than taking the case to trial. The arbitrator will determine the outcome of the damages based on an assessment of all of the circumstances in the case. Each side presents…
Injury can occur on the job even when you least expect it. Kenneth Dale Kelly, a forklift operator for Lena, Louisiana, shipping company Boise Cascade, was injured on the job in August 2007. Unlike most workplace injuries that occur due to accidents, Kelly was intentionally injured by a coworker. Kelly…
It is no secret that evidence and witness testimony are arguably the two most important aspects of injury litigation and the impact that each has on the outcome of an adjudication can either make or break your case. In order to understand these effects more fully, it is important to…
In order to take a case to the courtroom, you must have a cause of action. Generally, a cause of action means that there is some law that the other person has violated, and that violation has harmed you, so you should be compensated for that harm. If the law…
The arena of insurance law is a very confusing area in which, quite often, significant knowledge and experience is required for a quality outcome. It is important to know which types of coverage are available and applicable for different circumstances. Without knowing which coverage can apply and to what extent…
In Louisiana, an employee can only be compensated for a work related injury through workers’ compensation. This means that if an employee is negligently harmed during the course of work, the only remedy available is what is provided through the workers’ compensation act. This is true unless the injury was…