Louisiana Personal Injury Lawyer Blog

On behalf of the Berniard Law Firm, we'd like to wish all of our clients and employees a Happy and Safe Holidays and New Years.

The blog will resume postings in 2012!

The ABA (American Bar Association) has called upon lawyers and non-lawyers alike to submit blogs from across the internet as exceptional examples of legal advice and content. With content about the law ranging widely across the internet, the ABA recognizes the value of those blogs that wish to educate the public about a wide range of issues as examples of how attorneys can help bring an understanding of public policy to the masses.

Through a form, located here, ABA members and/or the public can nominate the efforts of attorneys whose work helps explain the complexities that the law has to offer. While the competition prevents bloggers from nominating themselves, the ABA has requested that the work of their peers be showcased. Due by September 9th, blog suggestions can cover any topic of the law, whether maritime, personal injury, civil or criminal in nature. This possibility of diversity makes the Top 100 list all the more interesting because of the wide variety of content the selected are sure to cover.

If you know of a blog that wishes to discuss legal issues of interest to lawyers (and perhaps those outside of the field), click here to fill out the ABA's form. Limited to 500 words, nominations should explain why the blog, obviously, deserves to be included in the list as well as its value as a whole. Nominated sites should avoid the regurgitation of content from other sites (copy and pasted quotes of news items, etc.), showing that the main focus of the content is original discussion of those issues of law that affect professionals as well as the public.

We will undoubtedly be checking out this list as it is sure to contain content that is of interest not only to residents of Louisiana but across the country. For a directory of 'blawgs,' as categorized by the American Bar Association, you can click here to tour the spectrum of content available by state or topic.

This blog was started as an effort to not only showcase the knowledge of our law firm but to also provide people, whether residents of New Orleans, Louisiana, the Gulf Coast, or throughout the country, a resource that explains how the law is important to their everyday lives. Blogging is a powerful tool not only in the legal profession but as a medium of empowering people who may not realize that an instance of tragedy or harm comes with it legal recourse. We hope that the content we have provided over time has helped people find an answer to legal issues or simply gain a little bit of knowledge about how this country's system of law works. This is said not to shill for a nomination to the aforementioned contest but, instead, to note that this ABA-sponsored contest highlights something we feel strongly about, that being the power of legal blogs.

We hope you continue to enjoy your weekend and will have new content available Monday.

We would like to wish all of our family, friends and clients a happy and safe Fourth of July

Reports are coming in that an explosion has taken place at the New Iberia chemical plant, leading to an immediate evacuation of residents in the area and plant personnel.

More information will be provided as it becomes available.

Happy New Year to all of our readers. We hope you enjoy your holiday.

The blog will resume in 2011.

On behalf of the Berniard Law Firm, Happy Holidays to you and your family during this season. Blogs will resume after the New Year.

The Berniard Law Firm is proud to announce the release of an innovative new iPhone application that can be considered a must-have for individuals in the Gulf Coast. With extensive versatility and options including multiple contact points for our attorneys, as well as consistent site updates that will keep you informed of legal developments as they become available. Released October 26, we recommend everyone download the application in order to stay abreast of a variety of issues that relate to them.

In the works for some time, and with an update already planned, the Berniard Law Firm iPhone app puts law matters that are important to Louisiana residents in the palm of their hands. Constantly refreshing, with updates relating to our website, this application is an effort by our firm to allow our friends and clients quick access and up-to-date information for their daily lives. Whether using the application to send our firm a legal question or to call our offices, we strongly encourage anyone that wants an attorney and a wealth of legal information at your fingertips.

Specifically, the Berniard Law Firm Injury Attorney iPhone App provides users
- Entry page to record important details in the event of an accident
- Minimal size installed (only 3.1 MBs)
- Practice area explanations
- Quick jumps to consistently updated blogs
- Fast contact information to speak with an attorney

One feature that is extremely important and valuable in the Berniard Injury Attorney App is the entry page. Composed of data input fields that target inherently important details of an accident, using this portion of the application can help you make sure you record all of the necessary information at a time in which it maybe be difficult to remember. Providing an easy, step-by-step accident guide, this application can even include a picture with the information report with a simple tap.

For more information on how to download this application, or to discuss your legal rights regarding an issue that you are facing currently, contact our offices today. The Berniard Law Firm would happily discuss with you what opportunities you may have within the realm of the law, as well as give you a free consultation in regards to how we can best get you the justice you deserve.

To download the application, click here.

The Berniard Law Firm is look to tackle a negligent refinery by representing a Chalmette resident assaulted by chemicals released from a St. Bernard Parish oil refinery. While taking a walk through her neighborhood on the morning of September 6, 2009, the woman observed white dust covering homes and vehicles. She experienced exposure symptoms including difficulty breathing, coughing, sore throat, headache, and burning sensations in her nose and eyes. As the symptoms persisted, she went to a hospital the following day. The white powder comprised a spent catalyst including components of kaolin and titanium dioxide which are eye, skin and lung irritants. Portions of Chalmette, Arabi, and New Orleans' Lower Ninth Ward were blanketed with the fine white powder.

In addition to releasing a ton of spent catalyst, the refinery released two thousand pounds of sulfur dioxide, one thousand pounds of nitrogen oxide, and an unspecified amount of hydrogen sulfide. Not only was the refinery negligent in releasing the toxic chemicals but also for failing to notify area residents of the accident in a timely manner so that they could take precautionary measures. Moreover, children and pets are more susceptible to exposure symptoms due to their smaller size while residents with certain pre-existing medical conditions would also suffer greater harm than a healthy adult. For example, children have a greater lung surface area to body weight ratio along with other parameters that differ from adults leading to greater susceptibility to chemical inhalation effects at lower concentrations. Likewise, pre-existing medical conditions including chronic pulmonary disease and asthma increase susceptibility to exposure symptoms at lower concentrations.

Specifically, sulfur dioxide may induce acute exposure symptoms comprising irritation in the upper respiratory tract, nosebleeds and rhinorrhea (runny nose), coughing and choking, expectoration (coughing up phlegm), dysphagia (difficulty swallowing), and oropharyngeal erythema (redness). Although predominately affecting the upper respiratory tract via inhalation, sulfur dioxide also acts as an intense eye and skin irritant by combining with water producing sulfuric acid and sulfurous acid. Dermal exposure symptoms range from irritation to urticarea (itchiness) and burns. Given this high solubility, sulfur dioxide is also rapidly distributed throughout the body producing metabolic acidosis possibly inducing vomiting, diarrhea, abdominal pain, fever, headache, vertigo (dizziness), and agitation. Decontamination should include removal of contaminated clothing and rinsing of the skin and eyes. Reproductive and teratogenic effects (malformation of embryo, fetus) of exposure are unknown, which has raised concerns among women at varying stages of pregnancy at the time this accident occurred.

Hydrogen sulfide is an extremely fast acting chemical with high toxicity. Low level exposure symptoms include eye, nose, and throat irritation while moderate level exposure can lead to headache, dizziness, nausea, vomiting, coughing, and difficulty breathing. Notably, hydrogen sulfide is heavier than air resulting in accumulation in enclosed and low-lying areas. Consequently, exposure in children and pets is greater than in adults due to their shorter stature and smaller airways. Even at low levels, hydrogen sulfide inhalation may induce exposure symptoms of headache, dizziness, and upset stomach. Reproductive and teratogenic effects are unknown.

Low levels nitrogen oxide exposure symptoms include eye, nose, throat, and lung irritation as well as shortness of breath, tiredness, nausea, and lung fluid build up for one to two days. Of particular concern are reproductive animal studies revealing toxic effects on developing fetuses and alterations in genetic material. This is especially important for women who were pregnant at the time of exposure.

The involuntary chemical exposure suffered by area residents was exacerbated by the refinery's failure to notify thus depriving them of the opportunity to keep themselves and their children indoors or arrange to leave the contaminated area. None of the chemicals are as innocuous as area residents were led to believe, and no data is available to predict adverse consequences of the combined chemical exposure. For more information, please contact the Berniard Law Firm.

Car accidents oftentimes are not simple, clear-cut events that lend a clear idea of who was right and who was wrong. Instead, many times it is left to a court to decide what the circumstances were that led to the collision and the amount of responsibility each party had for it occurring. As a result, because no court is perfect, individuals who have been harmed due to another party's acts are left out in the cold because they could not prove their case. However, each year new technology comes out that provides a better opportunity for plaintiffs, and their attorneys, to prove their case and receive the compensation they deserve.

One firm, Advanced Research and Technology (ART) Corporation, works with the very technology required to prove cases. Utilizing Finite Element Analysis (FEA), commonly referred to as computer simulations, the company provides compelling engineering evidence to explain the cause of a crash-related case. FEA's due this by calculating the kinematics of the investigated accident (speeds, relative motion, different parts of accident) and structural analysis (where the cars collided and relevant stresses, strains, failures, energy displacements, etc.). By analyzing this information, FEA can help plaintiffs win cases related to auto and motorcycle crashes, airbag and seatbelt related problems, structural analysis relating to accidents or blasts, slip and fall cases, fuel tank and pipeline pressure analysis and a variety of others.

FEA simulations are widely recognized by the engineering community as a reliable and advanced tool for solving structural dynamics, crash, blast and impact-related matters. Automotive companies often use FEA for car testing in the same way that highway safety systems are designed using the technology. The reliability of FEA comes down to the simulator being able to develop accurate formulations or equations to explain how the millions of small elements involved in a collision react when variables are at a certain set. Because of its ability to determine how a car will behave in a collision and the effects of a collision, technology experts are able to move backwards and determine what variables were in place to lead to the results suffered.

Being able to go backwards and determine the cause is crucial in cases where the alleged cause of the problem/accident has been removed from the scene. For example, should a faulty guardrail cause a fatality, a simulation may be required should that guardrail be removed along with the wreckage of the cars and be discarded. What's more, the simulations done and formulas executed by the computer are not something easily, or affordably, done by hand. What's more, there are a plethora of court cases where FEA techniques were used as evidence in a court. This admissibility, coupled with the cost-effective manner it can determine an accident (often 20% of the cost of a single crash test), makes this technology incredibly important.

Technology like the one described above is a key component of complex litigation and it is important that you hire an attorney willing to use state of the art techniques to help prove your case. To speak to an attorney about how to best prove your car collision case, call our offices today. For more information on this technology, head to www.artengineer.com.

On behalf of the Berniard Law Firm we would like to wish everyone a happy Fourth of July Weekend. Please be sure to have a fun, and safe, holiday.

This blog will resume posting on Monday.

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!

In the aftermath of the explosion of the Deepwater Horizon and the disastrous oil spill that now encroaches on Louisiana's coastline, many individuals and business will be looking for a way to handle the massive financial burden associated with clean up and recovery. Luckily, the law provides a way for them to collect some damages.

The Oil Pollution Act

In 1989 the Exxon Valdez spilled over 11 million gallons of oil into Prince William Sound in Alaska. At the time, the U.S. did not have adequate funds to respond to the spill and only very narrow compensable damages could be recovered. The Oil Pollution Act (OPA) was passed by Congress in 1990 (33 U.S.C. 2701-2761) to address these shortcomings. The OPA created a comprehensive regime to prevent, respond to, and compensate for vessel and facility caused oil pollution. The law also provided for federal oversight of maritime oil transportation through increased environmental safeguards.

Title I of the OPA broadened the scope of damages for which polluters are liable and authorized up to $1 billion for the Oil Spill Liability Trust Fund (OSLTF). The OSTLF can be used to pay for oil removal and damages that are left uncompensated after claims are made against the parties responsible for the spill (the limit of the fund was raised to $2.7 billion with the passage of the Energy Policy Act of 2005) and is funded by an oil tax. The U.S. Coast Guard administers the OSLTF through the National Pollution Funds Center (NPFC).

It is interesting to note that the OSTLF was actually created four years before the passage of the OPA in 1986. However, Congress did not authorize the use of the money in the fund or the collection of revenue necessary to maintain the OSTLF until the OPA was signed into law.

As mentioned above, under the OPA, the OSTLF can be used to pay claims for uncompensated removal cost and damages after an oil spill. In the current situation, British Petroleum (BP was leasing the Deepwater Horizon when the explosion occurred and has been deemed the responsible party) is currently accepting claims. However, if any party is not satisfied with the resolution of their claim by BP, they may make a claim under the OPA and submit a claim to the NPFC. Several different types of claims are recoverable, many of which may apply to individuals or businesses whose lives have been negatively affected.

The OSTLF can be used to make claims under a variety of parameters:
Compensate the public for the lost use of the affected natural resources.
This could entail compensation for the lost use of public lands that have been contaminated by the spill.

Pay the cost to remove, minimize, mitigate, or clean up an oil spill.
This means that if BP is unable to fully clean up the spill, the federal government has funds available to use to ensure areas are returned to pre-spill condition.

Pay the cost of economic loss that resulted from the destruction of real or personal property (although not personal injury).
Real property includes real estate and personal property includes any other property that may have been damaged in the spill.

Pay for injury or economic loss that resulted from damage to a boat.
If you own a boat that was in an affected area and is now damaged, you may be able to recover damages to repair or replace your boat.

Pay damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of property or natural resources.
If you own a business in an affected area and the business was forced to close temporarily or permanently you may be able to recover damages for the profits that would have been earned if the oil spill did not occur.

Pay damages to anyone who has lost profits or income, regardless of whether or not they owned the damaged property.
This may apply to someone that operates a business in an affected area but does not own property (maybe the business property is leased or the business does not involve the use of property). Owning damaged property is not a prerequisite for recovering damages.

It is important for potential clients to make a claim as soon as they can so that the legal process can begin. By hiring an attorney that is advanced in matters relating to liability for industrial accidents, an affected party may have their best chance in court to get the justice they deserve.

For those Louisiana residents, whether they live in Baton Rouge, Lafayette, New Orleans, Mandeville, Lake Charles, Shreveport or Alexandria, that have questions dealing with Chinese Drywall, feel free to look at our Chinese drywall information section. This blog section focuses on the timeline of this toxic wallboard in America. Whether featuring Chinese drywall symptoms or Chinese drywall lawsuits, our posts hopefully will help people both in Louisiana and a variety of Gulf Coast states like Texas, Mississippi and Florida better understand this complex issue.

If you have any questions on the complex legal issues that exist with this matter, including "How do I know if I have Chinese drywall?" or "How to Identify Chinese drywall in your home?" feel free to contact our firm. It is important to take action as soon as possible in order to secure your legal rights. Click here to contact us today.

A thunderous explosion rocked an oil rig named the Deepwater Horizon 50 miles off the Louisiana coast last night - potentially causing the nation’s deadliest offshore drilling accident in more than 50 years.

As noted in an article in the Times-Picayune, at least 15 of the 126 crewmembers onboard were injured and 11 were still missing as of Wednesday

The Coast Guard was prepared to search through the night Wednesday for 11 missing workers as firefighters battled a raging blaze fueled by crude oil gushing from the rig about 50 miles southeast of Venice.... Rear Adm. Mary Landry, commander of the Coast Guard's 8th District, said an intensive search for the 11 missing workers would continue into the night if necessary.

'We will continue searching as long as it is reasonable that we might stil find someone,' she said.

Seventeen workers total were taken by helicopter to hospitals across the region. According to Adrian Rose, Vice President of Transocean, Ltd. (the Swiss Company that owns the Deepwater Horizon), the injuries included burns, broken legs, smoke inhalation, and lots of scratches and bruises sustained while people tried to get away. Anxious family members waited at Port Fourchon last night to be reunited with 98 of the workers who were rescued.

In the deep waters of an area known as the Mississippi Canyon, the rig was estimated to be leaking 13,000 of sweet crude oil an hour with nearly all of it burning up in the fire. Although an oil spill is not expected, pollution response vessels were sent to the scene just in case. Even Louisiana governor Bobby Jindal has gotten involved. According to Jindal, “Officials at the Coastal Protection and Restoration Authority are also working with the state’s oil spill coordinator office to monitor any potential environmental impact.”

Pollution control efforts aside, the main focus right now is obviously search and rescue, which requires putting out the fire consuming the rig. Five private fireboats battled the blaze throughout the day yesterday, fighting flames that shot up to 200 feet in the air. A remotely operated vehicle will be sent to cut off the flow of petroleum at the base of the river in hopes of extinguishing the flames. This could prove difficult, however, due to the size of the fire and intensity of the heat. The fire was so intense that Marc Creswell, an Air Med helicopter pilot, could see it from 70 miles away as he flew in from Lafayette to pick up the injured. “It was so bright that we had to take off our night vision goggles about 40 miles out,” he said.

More information on this issue will be posted as it becomes available.

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As reported on our sister blog, Dow Chemical has experienced another chemical leak in Southeast Louisiana. This time involving the very dangerous titanium tetrachloride. The incident has led to the evacuation of two schools and various roads while local emergency experts assess the situation.

WWL reports Scott Whelchel, emergency operation director for St. Charles Parish, as stating the situation is under control and actions being taken are out of concern and precaution.

He says out of an abundance of caution they are evacuating some homes just north of the Shell Norco facility east of Spruce Street and south of 5th Street. He says the winds are now blowing any chemical cloud over the spillway and away from homes.

Whelchel says if anyone smells a chemical odor the should call 911.

"What they would smell is a hydrochloric acid smell because that's what it actually mixes with the air, this chemical it turns into hydrochloric acid," he explained.

Two schools are in the evacuation zone. They are Norco Elementary School and Sacred Heart. Whelchel says they have relocated students who arrived early and advise parents to await further information on where to take their children, but do not bring them to the school.

This incident is sure to draw the ire of various environmental groups, including the Louisiana Bucket Brigade, at a time where claims filed against the chemical manufacturer are moving forward in response to their chemical leak in Hahnville. That incident, which the Berniard Law Firm is , dealt with the release of ethyl acrylate into the air, leading to residents ranging from Hahnville to Kenner to New Orleans experiencing a myriad of medical symptoms. For more information on that incident, feel free to check out our website Dowleak.com or read up on the circumstances surrounding the incident on our blog section dedicated to the incident, located here.

More information will be posted as it becomes available.

The previously mentioned fire at a Coco Resources chemical factor in Denham Springs is now under control.

Information will be updated on this site as it is reported.

A fire has broken out at a chemical factory in Livingston Parish.

More information will be posted as it becomes available.

Hello and welcome to the Berniard Law Firm's Personal Injury blog. A project that looks to educate the public on their legal rights using both news analysis and law clarification, this blog is intended to be a helpful resource for both professionals and every day readers interested in learning about the law.

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Again, welcome and we hope that this blog is a great resource for your legal needs.