Injured Pedestrian in Ouachita Parish Unable to Recover from Multiple Insurance Policies
Berniard Law Firm Blog
by Berniard Law Firm
5M ago
After being involved in a motor vehicle accident, you will likely be left with various damages, including medical injuries. Although you may assume insurance will cover all of your injuries and related damages, this is not always the case. The following Ouachita Parish case demonstrates the importance of understanding your policies and legal rights when it comes to motor vehicle insurance claims and of hiring an experienced attorney if you are left unsure of these rights.   Alcender Williams, Jr. was injured while crossing an intersection and being hit by a motor vehicle. Williams su ..read more
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When Can an Employer be Held Responsible for Employee’s Wrongdoing?
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
There are many instances when an employer may be held liable for the actions of their employees, even when the former was completely uninvolved in the tort, or wrongdoing. This scenario is referred to as vicarious liability. The court must take several factors into consideration when dealing with a vicarious liability action, as evidenced by a Caddo Parish case involving a Sheriff and his Deputy.   In an effort to arrest Damien Pea, who had multiple outstanding warrants, the Caddo Parish Sheriff’s Department and the Shreveport Police Department put together an operation performed by ..read more
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Louisiana Appellate Court Rules That Damages Awarded to Car Accident Victim Are Not Excessive Amount
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
Countless people are at risk of being in a car accident every day. Imagine you are on your usual morning commute to work, but suddenly someone rear-ends you causing injuries that change your life forever. You deserve to be compensated as much as you can to restore yourself to the state you were in before the accident. However, what happens when the defendants appeal the amount of damages you are supposed to receive? On December 9, 2013, a traffic accident occurred when the automobile operated by the defendant, Justin Wascom, Jr., owned by his employer, Clean Water Opportunities, Inc. (“Clean W ..read more
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Trustee and Executrix Liable For Breach Of Fiduciary Duty
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
When you select someone to serve as a trustee or executor, you expect they will act in your best interest. If someone in such a position of trust breaches that obligation, they might be liable for a breach of fiduciary duties.  Fred Houston’s wife died, leaving him a life insurance policy. Hanh Williams helped Houston collect the insurance proceeds and over time, became involved in all aspects of his financial affairs, including his oil and gas interests. Houston gave Williams his power of attorney the next year.  Then, approximately two years later, Houston formed a trust and made W ..read more
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Who Is Entitled To Inherit Bank Accounts?
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
A difficult part of dealing with a family member’s death is balancing your grief with having to deal with the practical considerations of administering their estate. This can lead to family conflict, especially when there is disagreement about who gets what. Although clear language in a will or testament can help avoid such disagreement, what happens when the language of the testament and related documentation are unclear about who the deceased wanted to receive specific bank accounts? When Elizabeth Perritt died, she left a notarial testament. The testament named the executrix of her estate ..read more
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Can’t Just Say No: What Is Required To Decline UM Coverage?
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
If you want to decline uninsured/underinsured (“UM”) coverage, you might think it is sufficient to merely tell your insurer you do not want UM coverage. However, under Louisiana law, there are strict requirements with which you must comply in order to validly waive UM coverage. What happens if the insured does not follow those formal requirements?   Joey Higginbotham worked as a truck driver for Dupre Logistics. He was involved in a car accident while on the job. He filed a lawsuit against the other driver and his insurer, USAgencies. He also added Dupre’s liability insurer, Zurich ..read more
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Use of Racial Epithet Grounds For Termination
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
We all know that words matter. However, sometimes people use offensive or disrespectful words or slurs in the workplace. Workplaces often have policies in place that lay out prohibited behaviors and establish disciplinary actions for infractions, including use of disrespectful language. Such discipline can range from a write-up to termination and depends on the specific offense. Is use of a racial epithet grounds for termination? Dustin Bonial worked as a lineman for the City of Alexandria. Bonial was accused of using a racial epithet in reference to a coworker while in the breakroom, which vi ..read more
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When Is Department of Transportation and Development Liable For Car Accident Damages?
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
We all expect the government to take appropriate measures to keep roads safe. If you or a loved one has been harmed from an unsafe road condition, you might be able to file a lawsuit against the Department of Transportation and Development.  Lacy Johnson was driving a car that was involved in a tragic accident near Oakdale, Louisiana. While driving through a curve on the road, she went into the opposing lane of traffic and hit a tree stump. The accident killed Johnson and Breann Sonnier, who was a passenger in the car.  Sonnier’s surviving family members filed lawsuits against the Lo ..read more
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Gift Or Debt? What Happens To Car When Relationship Goes Sour
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
When you are in love, you might make purchases for your loved ones without giving them much thought. But what happens to big ticket purchases, like a car, if your relationship sours? William Redmon and Leisha Lindsey were acquaintances from high school. They started seeing each other. Lindsey said she just wanted to be friends with Redmon, but Redmon wanted a romantic relationship.  Redmon gave Lindsey several gifts during the time, including cash, a fishing pole, various tools, and appliances. Redmon planned a surprise birthday party for Lindsey. Three days later, he bought an engagement ..read more
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When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?
Berniard Law Firm Blog
by Berniard Law Firm
6M ago
If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees? Betty Citizen hurt her back while she was trying to move a bike while working at Wal-Mart. Wal-Mart denied her physical therapy that her treating neurosurgeon recommended. She filed a 1009 Form, which the Medical Director denied for being untimely. Citizen then filed a 1008 Form, claiming she was entitled to receive attorn ..read more
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