Louisiana Personal Injury Lawyer
Getting
severely injured is never a pleasant experience. People often face expensive medical bills, long-term rehabilitation, loss of time at work, or even permanent loss of bodily functions following an accident. When these injuries occur as the result of the negligence or intentional acts of another person, people have the right to sue for their damages.
Louisiana personal injury lawyers represent people who have been injured in any way that was the fault of another. Together, you and your
skilled personal injury attorney can fight to obtain the fair compensation that you deserve.
Personal Injury and the Law
Most injuries that result from the acts of other people are accidents. However, this does not mean that the person who caused the harm is not responsible. As a Louisiana personal injury attorney can further explain, the law has specifically created the cause of action known as negligence that allows people injured in accidents to sue the responsible party. Examples of these accidents may include:
In all of these situations, it cannot be fairly said that the at-fault person intended to cause harm. However, an injury did occur because the at-fault person failed to protect another person. Negligence cases can only be successful in situations where the defendant had a responsibility, or duty, to protect the injured person.
Role of Duty In Louisiana Personal Injury Cases
Drivers on the road, business owners, and innkeepers are all examples of people who owe a duty to protect others. When this duty is broken, and the protected person is injured, the injured person has the right to ask for compensation.
Other injuries are caused by an intentional act. Many of these instances may also be considered a criminal act. Regardless of any prosecution that the defendant may face by the State, the injured people still have the right to initiate a civil lawsuit. It is important to remember that the civil courts and criminal courts are entirely separate entities.
In situations where a crime results in a personal injury, such as assault, sexual abuse, or kidnapping, a criminal court can never order the defendant to compensate the plaintiff. Only through filing a lawsuit on their own initiative may a person recover monetary compensation from the defendant.
If someone has further questions about the duty of care and how it may play a role in their Louisiana personal injury claim, they should speak with a seasoned lawyer as soon as possible.
Filing a Claim
No matter if the injuries were the result of an accident or an intentional act, there is a limited time after the injury occurs for a person to file a claim. This is known as the statute of limitations.
Louisiana Civil Code 3492 only allows plaintiffs one year from the date of the incident to file a lawsuit for injuries caused by negligence so time is critical.
Personal injury actions which arise due to damages sustained as a result of an act defined as a crime of violence, such as robbery, aggravated battery or assault, stalking, home invasion and other violent criminal acts are subject to a liberative prescription of two years.
A personal injury action against a person for an act of sexual assault as defined at LSA 46:2184 is subject to a liberative prescription of three years. Time limitations can vary depending on the wrongful act and the age of the victim, so consulting a Louisiana personal injury attorney may be necessary.
How a Louisiana Personal Injury Attorney Can Help
Getting injured in an accident, even a seemingly minor one can throw a person’s life into turmoil. From an initial trip to an emergency room to chiropractor visits, through physical therapy, making a recovery can take months and cost thousands of dollars. During this time, a person may be forced to miss time at work, and indeed, some people never make a full recovery.
A Louisiana personal injury lawyer can understand the toll that these injuries take on people’s lives. Your attorney can help people by handling the paperwork and dealing with the insurance companies so that they can focus on their recoveries.
Most cases settle without a need to go to court, but if a court case is necessary, your litigation team stands ready to argue your case before a jury. There is a limited time to file a claim so do not wait;
contact an attorney today.
Compensation Available in Louisiana Personal Injury Claims
A successful Louisiana personal injury claim can recover several categories of damages. Your
Louisiana injury attorney at Kopfler & Hermann pursues every dollar you are owed under state law. These include:
- Medical expenses — emergency room, hospital stays, surgery, prescriptions, physical therapy, chiropractic care, and projected future medical treatment.
- Lost wages — every paycheck missed while you recover, plus lost overtime and bonuses you would have earned.
- Loss of future earning capacity — when an injury prevents you from returning to your previous occupation or limits the work you can do for the rest of your life.
- Pain and suffering — physical pain, mental anguish, anxiety, depression, and the day-to-day impact on your quality of life.
- Loss of consortium — damages awarded to a spouse for loss of companionship, intimacy, and household support.
- Property damage — repair or replacement of your vehicle, motorcycle, or other property destroyed in the accident.
- Disfigurement and scarring — additional damages for permanent visible injury.
Louisiana’s Comparative Fault Rule
Louisiana follows a
pure comparative fault rule under Civil Code Article 2323. Even if you were partially responsible for the accident, you can still recover damages — your award is simply reduced by your percentage of fault. If you were 30% at fault and your damages totaled $100,000, you can still recover $70,000. Insurance adjusters routinely try to assign more blame to you than the facts support so they can pay less. An experienced Louisiana personal injury lawyer pushes back with police reports, witness statements, accident reconstruction, and medical evidence to protect your share of the recovery.
How Long Do You Have to File a Personal Injury Claim in Louisiana?
Louisiana has one of the shortest
statutes of limitations in the country for personal injury cases. Under recent law changes effective July 1, 2024, the deadline to file a personal injury lawsuit is
two years from the date of the accident. Cases that arose before that date may be subject to the prior one-year deadline. Wrongful death claims must generally be filed within one year of the date of death. Miss the deadline and the court will dismiss your case no matter how strong it is. The clock starts ticking the moment the accident happens, which is why
contacting an attorney immediately matters.
What to Do After an Accident in Louisiana
The steps you take in the first hours and days after an accident shape the strength of your case. A Louisiana personal injury attorney recommends:
- Call 911 and request a police report — even for minor crashes.
- Get medical attention the same day, even if you feel okay. Adrenaline masks soft-tissue injuries that show up days later.
- Photograph the scene, vehicle damage, your injuries, weather conditions, and any visible hazards.
- Get contact information from witnesses before they leave.
- Do NOT give a recorded statement to the at-fault driver’s insurance company until you have talked to a lawyer.
- Do NOT post about the accident on social media — insurance defense attorneys use those posts against you.
- Keep every medical bill, prescription receipt, and time-off-work record.
- Call Kopfler & Hermann at (985) 851-3311 for a free case review.
Why Hire a Louisiana Personal Injury Lawyer Instead of Going It Alone
Insurance companies have entire teams of adjusters and lawyers whose job is to pay you as little as possible. People who handle their own claims typically settle for a fraction of what their case is actually worth. Studies consistently show that injury victims represented by an attorney recover meaningfully more — even after attorney fees — than those who try to negotiate alone. At
Kopfler & Hermann, we have spent over three decades fighting insurance carriers for South Louisiana families. We know how local adjusters operate, which defense firms they hire, and what cases are worth in front of Louisiana juries.
We work on a
contingency fee basis — there are no upfront costs and no fees unless we win your case. The initial consultation is always free.
Areas We Serve in Louisiana
Kopfler & Hermann represents injury victims across South Louisiana. We serve clients in:
- Terrebonne Parish (Houma, Bayou Cane, Schriever)
- Lafourche Parish (Thibodaux, Galliano, Cut Off)
- St. Mary Parish (Morgan City, Franklin, Patterson)
- Assumption Parish (Napoleonville, Pierre Part)
- Tangipahoa Parish (Hammond, Ponchatoula, Amite)
- Livingston Parish (Denham Springs, Walker)
- St. Tammany Parish (Slidell, Mandeville, Covington)
- Hammond
- Houma
Frequently Asked Questions About Louisiana Personal Injury Cases
How much is my Louisiana personal injury case worth?
The value of your case depends on the severity of your injuries, your medical bills, lost wages, your share of fault (if any), and the available insurance coverage. A Louisiana personal injury lawyer reviews all of these factors in a free consultation and gives you a realistic range. Beware of any attorney who promises a specific dollar amount before reviewing the evidence.
Do I have to go to court?
Most personal injury cases settle out of court. Filing a lawsuit is sometimes necessary to force the insurance company to negotiate seriously, but trial is rare. At Kopfler & Hermann we prepare every case as if it is going to trial — insurance carriers settle higher when they know we are ready to litigate.
What if I cannot afford a lawyer?
You can afford us. We work on contingency — you pay nothing upfront and nothing at all unless we recover compensation for you. Our fee comes out of the settlement, not your pocket.
How long will my case take?
Simple soft-tissue injury claims may resolve in a few months. Cases involving serious injury, disputed liability, or commercial defendants commonly take twelve to twenty-four months. We never rush a case to settlement before you have reached maximum medical improvement — settling too early leaves money on the table.
What if I was partially at fault for the accident?
Louisiana’s pure comparative fault rule lets you recover even if you were partly responsible. Your recovery is simply reduced by your percentage of fault. So even at 50% or higher fault you can still recover something — though the insurance company will push hard to inflate your share of blame.
Talk to a Louisiana Personal Injury Lawyer Today — Free Case Review
The sooner you talk to a lawyer, the more we can do to protect your claim. Evidence disappears. Witnesses forget details. Insurance companies start building their defense the day the accident happens. Call
(985) 851-3311 or
request a free case review online. No fee unless we win.
Kopfler & Hermann, Attorneys at Law
306 Grinage St
Houma, , LA 70360
N/a
(985) 851-3311
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