Posts in Personal Injury Lawsuits

Personal Injury Lawsuits

How to Choose the Right Injury Lawyer

October 25, 2018 Personal Injury Lawsuits 0 Comments

Judge gavel, scales of justice and law books in courtIf you or a loved one have been injured by another party, you may be considering filing a lawsuit for damages, such as medical expenses and lost wages from work. But filing a lawsuit can seem overwhelming when you are already dealing with recovery from injury or even the tragic loss of a loved one. That’s why a good first step is to talk to an experienced personal injury lawyer. But how can you make sure you choose the right one?

How to Find a Personal Injury Lawyer

Finding names of experienced personal injury lawyers is similar to finding the name of a good doctor or real estate agent: you ask people you know or try to get references from a professional association. It’s a good idea to interview several lawyers before making a decision.

1. Talk to friends and family.

If you have a friend or family member who has used a personal injury lawyer, ask if they felt the service they received was good. Were they comfortable talking to the person? Were the explanations about their case clear and easy to understand? Was it easy to get in touch with the lawyer?

Also ask friends and family who have worked with another type of lawyer and been happy with the service, such as a divorce/family lawyer. Lawyers often work together, but have different specialties. A good lawyer in one speciality is very likely to know a good lawyer in another speciality.

2. Contact the local bar association.

Most bar associations maintain referral services, such as directories categorized by specialty area.

What to Ask During the Initial Consultation with an Injury Lawyer

Once you have several names of lawyers, you want to schedule an initial consultation about your case.

Most personal injury lawyers do not charge for the initial consultation, but be sure and ask whether there is a consultation fee before you make the appointment. Most reputable personal injury attorneys will offer a free case review and will work on contingency, meaning that they will charge you no fees unless they win your case.

It’s also a good idea to bring documentation about the case. This will help the lawyer answer your questions. If, for example, you have medical records about your injuries, police reports about the accident, or correspondence with an insurance company about claims, your lawyer can accurately identify the strengths and weaknesses of your case, and provide informed advice about next steps.

Next, you want to ask the lawyer about their experience.

Find out how many years they have been practicing personal injury law. Ask what percentage of their cases are personal injury-related. It’s also important to ask whether they specialize in injury law for the plaintiff (the person injured) or the defendant (the party accused of the injury).

You want a lawyer who is experienced, who handles a high percentage of personal injury cases, and who tries cases for the same type of client you are, whether plaintiff or defendant.

Once you have a good sense of these issues, discuss your goals and strategies. Are you seeking a larger settlement than what the insurance company offered? If the insurance company doesn’t meet your number, are you willing to go to trial? Will expert witnesses be required to help make a strong case about your injuries before a jury? Clients and their lawyers should discuss these and other issues be on the same page as to how to proceed forward.

Call Louisiana Personal Injury Lawyer Bart Bernard Today

If you’re looking for a seasoned Louisiana personal injury attorney, look no further than the Bart Bernard Injury Lawyers. For our clients’ convenience, we have offices in both Baton Rouge and Lafayette.

Our initial consultation on your case is free and comes with no obligation. Call or contact Bart Bernard online today. Hit Hard with Bart Bernard™!

Additional Resources:

  1. Louisiana State Courts, https://courts.uslegal.com/state-courts/louisiana-state-courts/
  2. Justia, Louisiana Laws Civil Code CC 2323 — Comparative fault, https://law.justia.com/codes/louisiana/2011/cc/cc2323

5 Facts about Roundup Cancer Litigation

October 5, 2018 Personal Injury Lawsuits 0 Comments

roundup sprayThe weed-killing chemical marketed as Roundup is at the heart of growing litigation concerning allegations that it causes cancer. Claimants around the country argue that manufacturer Monsanto failed to adequately warn about the carcinogenic risks associated with glyphosate – the key ingredient in the popular herbicide.

Just last month Monsanto was hit with a $289 million verdict in one of the first Roundup cancer lawsuits to go to trial. The plaintiff, a former school groundskeeper named Dewayne Johnson who was diagnosed with non-Hodgkin’s lymphoma after years of using the weed killer, prevailed in a California trial after just three days of deliberations. The trial marks a significant victory for other plaintiffs with similar allegations against Monsanto, who await their day in court.

This lawsuit is just the first phase in what will likely be a massive legal battle over glyphosate and its current product labeling and approved uses in the United States.

Here are five important facts about Roundup cancer litigation.

More than 4,000 complaints are pending

Johnson’s case is joined by more than 4,000 other Roundup claims alleging the product causes cancer. Many of these suits are pending in states like Missouri, Montana, Delaware, Arizona and Nebraska. Hundreds more have been consolidated in San Francisco Superior Court before Judge Vince Chhabria.

CA verdict bodes well for future Roundup cases

Jurors awarded Johnson, who was not expected to live through the end of trial, $39 million for compensatory damages and another $250 million to punish Monsanto for willfully failing to warn of Roundup’s risks. While Monsanto is appealing the judgement, this verdict sent a powerful message to the agrochemical giant.

Juries are not asked to determine if Roundup causes cancer

Jurors are not tasked with determining if glyphosate exposure causes cancer. They are instead asked to determine if Monsanto had scientific knowledge of the product’s risks and if they failed to caution consumers about these dangers.

The next Roundup trial is scheduled for late October

The next Roundup trial is slated for later this month and will take place in Missouri state court. By that time, the Monsanto brand will be retired from the markets. Bayer acquired Monsanto this summer for a reported $60 billion and will be assuming all liability in Roundup cases moving forward.

Glyphosate health risks

For decades, Roundup has been used to kill weeds on major agricultural crops, lawns, golf courses and private gardens across the globe. Some studies have shown that glyphosate-based products have been tied to cancers such as hairy cell leukemia, Non-Hodgkin’s lymphoma and multiple myeloma. As ongoing research uncovers more information about the level of glyphosate exposure needed and who is most at risk, there remains substantial concern that the weed-killer is not as safe as Monsanto would have the public believe.

Protect your rights – call Bart Bernard today

If you or a family member developed cancer after using Roundup weed-killer, it’s important to know your rights. You may be eligible for legal compensation to account for medical costs, lost wages, pain and suffering and more.

Hit Hard with Bart Bernard™! Don’t take chances with just any Louisiana personal injury attorney. Call today to see if you are eligible to file a Roundup cancer lawsuit. Bart Bernard is not intimidated by complex injury claims against corporate defendants and will fight to win maximum compensation. Schedule your free case review by calling 888-GET-BART today.

Additional Resources on Roundup Cancer Lawsuits:

  1. Fox News, Can using weed killer give you cancer? https://www.foxnews.com/health/can-using-weed-killer-give-you-cancer
  2. Business Insider, A common weed-killer chemical is at the heart of a $289 million cancer lawsuit https://www.businessinsider.com/what-is-glyphosate-monsanto-cancer-roundup-lawsuit-2018-8
  3. CBS News, Weed-killing chemical linked to cancer found in some children’s breakfast foods https://www.cbsnews.com/news/glyphosate-roundup-chemical-found-in-childrens-breakfast-foods/
  4. Fortune, Monsanto Has to Pay $289 Million in Damages in First Roundup Cancer Trial http://fortune.com/2018/08/11/monsanto-roundup-cancer-trial-verdict/

Get it Done Right™

July 27, 2018 Personal Injury Lawsuits 0 Comments

Bart Bernard knows you have a lot of choices when it comes to hiring legal counsel. But he also knows that he is the attorney who will take your case, and as he’s consistently said throughout his career, will “Get it Done Right™.” When you work with Bart, you have an aggressive, diligent fighter in your corner. Trust him to get your case done right.

A brief history of the Bart Bernard Injury Lawyers

Bart earned his undergraduate degree in finance from the University of Louisiana in 1992 and his J.D. from Louisiana State University’s Paul M. Hebert Law Center in 1995. He spent a year clerking for U.S. Bankruptcy Judge Gerald H. Schiff in the Western District of Louisiana and then joined the legal department at Harrah’s Casino in New Orleans.

After years practicing in other cities, Bart decided he would return to his hometown in 1997 to launch his own legal firm and dedicated his practice to helping people who have been harmed through no fault of their own.  He has since won many millions of dollars in damages on behalf of his local clients. His many accolades include TWO “Best of 2017” awards from the Times of Acadiana, with readers voting him the “Best Lawyer” and “Best Law Firm” in the region. Today, Bart has two offices in Lafayette as well as other offices in Baton Rouge, Kenner, Metairie, and New Orleans.

Louisiana negligence victims trust Bart Bernard

The Bart Bernard Injury Lawyers concentrates mostly on accidents involving cars, motorcycles and trucks, offshore, maritime and industrial workplace accidents, and faulty medical devices and medications.

When you’ve been seriously injured at the hands of someone else’s negligence, you want to make sure you are getting the best legal counsel. You deserve to Get it Done Right! Call Bart today to set up your free consultation.


Click Bart First, Call Bart First™

July 10, 2018 Personal Injury Lawsuits 0 Comments

Wherever you are in Louisiana, if you have been injured as a result of someone else’s negligence, personal injury attorney Bart Bernard wants to hear from you and strongly advises that you speak to any attorney before you speak to an insurance agent. From Lafayette to Baton Rouge, Kenner to New Orleans, and all throughout Acadiana- it’s important to remember Bart’s very own phrase “Click Bart First, Call Bart First!” With our strong web presence, 6 office locations, and an impossible-to-forget phone number- you have no excuse.

Find us on the internet, call 900-9000 , or  simply choose the law office most convenient to you and reach out for a free evaluation of your potential case.

Bart has grown: Now 6 Law Office Locations Serving Louisiana Residents

Wherever your injury happened, we’re here to guide you toward a successful recovery, while fighting for maximum compensation. Attorney Bart Bernard is a proud Lafayette native, driven by the philosophy that neighbors and community always come first. We advocate for the people of Louisiana during their time of need, bringing a wealth of expertise and strategic focus. Our reputation for winning complex injury cases involving industrial accidents, premises liability and worker’s compensation is leveled with a commitment to personalized, compassionate service.

Our award-winning law firm has assisted thousands of injured clients throughout the state of Louisiana, gaining valuable trial expertise in the process. Put our knowledge, rigorous work ethic and experience to work for you by partnering with personal injury lawyer Louisiana residents have come to trust: Bart Bernard.

All of our Louisiana law office locations handle a wide range of legal matters involving personal injury and negligence.

Come visit us in:

  • Camellia Blvd., Lafayette
  • Caillouet Place, Lafayette
  • Baton Rouge
  • Kenner
  • New Orleans
  • Metaririe

Don’t delay: Call Bart right away.

Click or call Bart first to set up your initial, free case evaluation. Bart Bernard and his dedicated staff will ensure that all your questions are answered.

Click Bart first at  https://bartbernard.com/ 

or

Call Bart First 900-9000

and let’s get to work on your case. We look forward to hearing from you very soon!


Hit Hard with Bart Bernard™

June 27, 2018 Personal Injury Lawsuits 0 Comments

Bart Bernard headshotBart Bernard coined the phrase “Hit hard with Bart Bernard!™” to compliment his heavy hitting style. Insurance companies will often make low-ball offers of settlements prior to trial if they believe the deck is stacked in their favor. But Bart does not suffer bullies, especially those that seek only to undermine the recovery of plaintiffs who are already suffering. To Bart, these tactics are unacceptable, and so he is willing to take his cases to trial if necessary. 

Bart Bernard is among Louisiana’s most reputable personal injury lawyers. Known for his hard-hitting negotiating style and willingness to go to trial, Bart is absolutely committed to helping victims of negligence receive maximum compensation for serious injuries.

Be Smart. Get Bart.™

Navigating the legal process without legal counsel is never a wise decision. The smallest misstep whether it’s making an uninformed statement to an insurance adjuster, or giving improper notice to certain defendants, or failure to file within the statute of limitations- any number of rookie mistakes could cost you the right to file a lawsuit in Louisiana. You know better than that! You’re Smart. Get Bart.™

A record of leadership in Louisiana

Bart Bernard is on the board of Louisiana State Bar and is also a member of the:

  • Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum
  • Elite Lawyers of America
  • American Association of Justice (AAJ)
  • Louisiana Trial Lawyers (Louisiana Association of Justice)

Notable cases

Bart Bernard developed notoriety for aggressively taking on big defendants – and winning. For instance, in the case of Trenton Broussard vs. LA Farm Bureau, Bart Bernard was able to recover over $2 million for his client, who was rear-ended by an uninsured motorist and denied coverage under the uninsured motorist part of the policy. LA Farm Bureau ultimately lost their appeal in court.

In another landmark case, Ron Warren vs. Teleflex, a jury in state district court of Louisiana awarded $23 million in punitive damages to a man whose son was killed in a Prien Lake boating accident. The jury found that Teleflex was negligent in the design and safety testing of their boat steering system. Fifteen years of internal testing showed that problems could arise when hydraulic fluid leaked out, but they sold the systems without warning.

“It’s important to win these victories for the people against big insurance and manufacturing companies, because it tells these entities that they do not have supreme power,” Bart Bernard says. “Insurers have a legal mandate to hold up their end of a written coverage agreement. Manufacturers have a legal responsibility to warn people about known risks that can harm people. They can’t build their profits off the backs of the people.”

Call for a Free, Private Consultation

Are you ready to hit hard with Bart Bernard? Call 900-9000 any time, day or night, for more information about pursuing a legal claim for your personal injury. All legal counsel is on a contingency basis only, so you pay nothing unless he wins compensation on your behalf.


4 Ways an Expert Witness Can Help Win Your Case

April 4, 2018 Personal Injury Lawsuits 0 Comments

Whether you were hurt in a slip and fall accident or were struck by a negligent motorist, having an expert witness can play an important role in winning your personal injury lawsuit. A qualified expert witness is a professional who has the education, skill, knowledge, training and experience in a specific discipline. It is their duty to provide the court an impartial opinion based on complex facts that may be difficult for the layman to understand.

In personal injury cases involving motor vehicle crashes, healthcare professionals and accident reconstructionists are some of the most common types of expert witnesses called to testify. A medical expert can provide testimony about the nature and severity of the plaintiff’s injuries, and if they will suffer permanent damage or require ongoing medical care. Whether your attorney calls on a financial analyst, a neurosurgeon or a pain management specialist, their expert testimony can help substantiate your claim, and improve your chances of securing money damages.

Here are four other ways an expert witness can ensure your personal injury claim has the highest chance of success.

Explain complex jargon

Without a highly credentialed expert witness to explain complicated language that is common to their profession, jurors can easily become mired in the jargon, and pass over or misunderstand critical facts. An expert witness will be able to convey complex data in layman’s terms, offering vital insights in a professional, concise manner. Competent experts can lead the jury into technical or medical fields they previously had little knowledge about while advancing the theme of your case.

Their opinion is unbiased

Expert witnesses do provide their professional opinion based on evidence and facts, but they remain 100 percent neutral, or unbiased. This impartiality is essential for building the validity of their testimony, since expert witnesses have no allegiance to the plaintiff or defendant.

Establish the long-term impact of your injuries

Experts can testify to much more than the extent of your injuries and/or disability. They can also attest if the injury will undermine your ability to work and provide a fact-based opinion on the amount of predicted economic losses that will ensue over the course of your life. An expert in mental health may be needed to establish a degree of emotional and psychological harm that was suffered, helping to put a monetary value to less tangible non-economic losses.

Provide leverage to settle early

A knowledgeable expert witness with ample trial experience can speed up the litigation process considerably. In some personal injury claims, the defendants will settle based solely upon the expert’s report. This leverage can help plaintiffs resolve their claims sooner rather than later and avoid lengthy trial proceedings.

Consult with a Louisiana personal injury attorney

As a veteran Louisiana personal injury lawyer, Bart Bernard realizes how instrumental expert witnesses are to prove liability and maximize the value of a claim. We have worked with some of the most respected experts to help our clients win the compensation they need and deserve.

If you’ve been hurt in an accident, call 900-9000 for more information on pursuing a legal claim with a strong advocate who gets result. The consultation is free and all injury claims are taken on a contingency basis. 

Read More on the Role of an Expert Witness:

  1. Cornell Law, Expert Witness https://www.law.cornell.edu/wex/expert_witness
  2. Legal Dictionary, Expert Witness https://legal-dictionary.thefreedictionary.com/Expert+witnesses

Chiropractic Treatment for Spinal Cord Injuries

November 2, 2017 Personal Injury Lawsuits 0 Comments

Doctor looking at x-ray images of human spine.When it comes to treating certain types of spinal cord injuries, some patients may benefit from chiropractic treatment. Although there are many causes of traumatic spinal cord injury, motor vehicle accidents and falls are two of the most common. When the spinal cord is compressed, twisted sideways or pulled, this can impair blood supply, stretch tissues, pinch nerves and damage ligaments, bone and discs.

Chiropractic care, when performed by qualified, licensed practitioners, can be tremendously helpful in reducing neck, back and joint pain associated with rotation, compression and hyper-extension injuries to the spinal cord. This includes biomechanical problems associated with whiplash, herniated discs, bruising, reduced mobility and misalignment of the spinal cord.

How chiropractic treatment helps with SCI recovery

Every patient is unique, but it’s generally recommended to wait at least six months after diagnosis to allow the injury to stabilize before seeking rehabilitation with chiropractic care.

Chiropractic treatment is often utilized to help speed recovery in mild spinal cord injuries by aligning the vertebra in the spinal column (cervical and back). This helps to alleviate pressure on the spinal cord, improve blood flow, which in turn reduces pain and encourages healing.

While chiropractors perform spinal manipulation to treat subluxation (misalignment of the spine), they also employ a variety of techniques to relieve pain and improve mobility. These modalities include:

  • Massage therapy to help minimize inflammation of the soft tissue surrounding the nerves
  • Applied pressure and hands-on adjustments of the vertebrae
  • Cold and heat treatment on affected areas to increase circulation and reduce inflammation
  • Recommendations for rehabilitative exercises to stretch and strengthen
  • Counseling on nutrition to help the body heal from within
  • Lifestyle recommendations

Chiropractors do not prescribe medications or pain killers, and instead focus on a holistic approach to treating musculoskeletal problems. A treatment plan will be devised after a physical examination with palpitation, and thorough review of X-rays, ultra-sound tests and/or MRIs or CT scans.

In cases involving more severe spinal cord injuries, including those that require surgical intervention, it is important to consult your primary physician before seeking complementary therapies like chiropractic adjustments. This includes patients who have had spinal cord stimulation, vertebroplasty, kyphoplasty or surgery for spinal fractures.

Complementary techniques used by chiropractors

Decades of scientific research has been dedicated to finding medical treatments and alternative therapies designed to enhance the short and long-term consequences of spinal cord injuries, which affect more than 500,000 people each year.

Chiropractic clinics may offer or recommend complementary therapies to promote recovery:

  • Ultrasound therapy to increase blood flow and reduce swelling
  • Acupuncture on meridian points to improve sensory function and reduce pain
  • Massage therapy to improve circulation, range of motion and reduce pain
  • Trigger point injections, also known as prolotherapy
  • EMS – electrical muscle stimulation to strengthen muscle, manage inflammation and control pain

Chiropractic care is a non-invasive, natural method to relieve discomfort and promote healing in many kinds of non-threatening or less serious spinal cord injuries, and may help patients achieve a better quality of life.

To learn more about spinal cord injury compensation following an accident or trauma caused by another’s negligence, contact Louisiana personal injury attorney Bart Bernard for a free case evaluation.

Additional Resources on Chiropractic Care for Spinal Cord Injury: 

  1. Spine Universe, Spinal Cord Injury Treatments https://www.spineuniverse.com/conditions/spinal-cord-injury/spinal-cord-injury-treatments
  2. FIRST Health, CHIROPRACTIC CARE CAN HELP SPINAL CORD INJURIES https://www.firsthealthca.com/blog/chiropractor-torrance/why-chiropractic-care-can-help-spinal-cord-injuries/
  3. AdVaCare Clinics, Chiropractic Care & Physical Therapy can Help with Spinal Cord Injuries http://advacaremn.com/chiropractic-care-physical-therapy-can-help-with-spinal-cord-injuries-dr-dennis-lenselink-bloomington-mn/