Houma Wrongful Death Lawyer | Kopfler & Hermann

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Houma Wrongful Death Lawyer | Kopfler & Hermann

Experienced Louisiana Wrongful Death Attorney

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Injured? Joe Knows.

No Fee Unless We Win

You lost someone. We’ll fight for accountability, we’ll fight for your family’s future, and you focus on your loved ones. No fee unless we recover.

  • Trusted since 1977 — 45+ years fighting for South Louisiana families
  • A real person answers 24/7 — no voicemail, no robots, no out-of-state call center
  • No junior associates on your case. Joe works with every client directly
  • No fee unless we win. Free consultation. Multi-million-dollar recoveries.
Injured? Call 1-985-851-3311
45+Years Serving South Louisiana
1989Firm Founded in Houma
MillionsRecovered for LA Families
24/7Live Answering — No Robots

You lost someone. You need a Houma wrongful-death lawyer who has stood beside South Louisiana families through the worst days of their lives for more than four decades — and knows Louisiana Civil Code articles 2315.1 and 2315.2, DOHSA, and the Jones Act inside and out.

A Wrongful-Death Case Is Not About the Money. It Is About Accountability — and About the Future.

Nothing about a lawsuit brings back the person you lost. What a wrongful-death case can do is force the responsible party to answer for what happened, pay for the loss they caused, and give the surviving family the financial foundation to keep going. In Louisiana, wrongful-death actions arise under Louisiana Civil Code article 2315.2, alongside survival actions under article 2315.1. In federal maritime cases, additional laws apply: the Jones Act, the Death on the High Seas Act (DOHSA, 46 U.S.C. § 30302), and general maritime law.

I’m Joe Kopfler. I founded Kopfler & Hermann in Houma in 1989. For more than four decades I’ve represented South Louisiana families in fatal-accident cases — trucking, offshore, drunk driving, medical, industrial, and hurricane-related. When you call, you get me or a lawyer I’ve trained personally.

Injured? Call Now — 1-985-851-3311 — a real person answers 24/7. No voicemail. No robot.

Get A Free Consult

Areas We Serve

Kopfler & Hermann represents wrongful-death families throughout South Louisiana, including:

Louisiana Wrongful-Death Law in Plain English

Louisiana law recognizes two distinct claims after a death caused by another’s fault. They are pursued together but produce different categories of damages:

  • Wrongful-death action (Louisiana Civil Code article 2315.2) — compensates the surviving family for their own losses caused by the death: loss of love and affection, loss of companionship, loss of financial support, loss of household services, and mental anguish.
  • Survival action (Louisiana Civil Code article 2315.1) — compensates the estate of the deceased for the pain, suffering, and losses the deceased personally experienced from the moment of injury to the moment of death, including medical bills and other pre-death damages.

Article 2315.2 defines the class of people who can bring a wrongful-death action in a strict order of priority: (1) the surviving spouse and children; (2) if none, the surviving parents; (3) if none, the surviving siblings; (4) if none, the surviving grandparents. Getting the proper parties in the case — and, in some cases, filing on behalf of a properly appointed succession representative — is critical.

You don’t pay unless we win. Call 1-985-851-3311 now for a free case review.

Types of Wrongful-Death Cases We Handle

What Damages Can a Louisiana Wrongful-Death Family Recover?

  • Loss of love, affection, and companionship — the emotional and relational loss suffered by the surviving family.
  • Mental anguish and grief — suffered by the surviving family from the death.
  • Loss of financial support — the earnings and benefits the decedent would have provided to the family, over the working life the decedent would have had.
  • Loss of household services — the economic value of the chores, childcare, and daily-living tasks the decedent performed.
  • Loss of consortium — for spouses and, in some Louisiana cases, children and parents.
  • Survival damages (article 2315.1) — pre-death pain, suffering, and other damages the decedent personally sustained.
  • Funeral and burial expenses.
  • Pre-death medical bills.
  • Punitive damages — where allowed (e.g., Louisiana Civil Code article 2315.4 for wanton or reckless drunk driving, and under maritime law for willful or arbitrary conduct).

When Federal Maritime Law Governs a Wrongful Death

If your loved one was killed on a vessel or on the water, the case may fall under federal maritime law instead of — or in addition to — Louisiana wrongful-death law:

  • Jones Act (46 U.S.C. § 30104) — wrongful death of a seaman caused by the employer’s negligence.
  • Death on the High Seas Act (DOHSA) (46 U.S.C. § 30302) — deaths caused by wrongful acts on the high seas beyond 3 nautical miles from shore.
  • General maritime law — wrongful death within territorial waters and other maritime contexts.
  • OCSLA — deaths on fixed platforms on the Outer Continental Shelf; borrows Louisiana wrongful-death law as surrogate federal law.

Identifying the right framework early can be the difference between a full recovery and no recovery at all. If your loved one died offshore, on a boat, or at a facility on the water, call us.

Call 1-985-851-3311 right now. A real person answers 24/7. Free consultation. No fee unless we win.

Why Choose Kopfler & Hermann

  • Handling Louisiana wrongful-death cases since 1989 from our Houma office — not a satellite branch of a bigger firm.
  • Joe Kopfler has represented South Louisiana wrongful-death families since 1977 and continues to work directly with every client.
  • A real person answers your call 24/7. When you’re grieving and don’t know what to do next, you can reach us — not a voicemail.
  • No fee unless we win. You pay nothing up front and nothing at all unless we recover for you.
  • Deep bench of trial experts. Economists, vocational-rehab specialists, accident reconstructionists, and treating physicians we’ve worked with for years.
  • Local trial experience in the 32nd JDC and federal court — and we know the defense firms and insurance carriers on the other side.
  • Multi-million-dollar wrongful-death recoveries across South Louisiana (see verdicts below).

What Should You Do After a Wrongful Death?

  1. Take care of your family first. Nothing in this process is more important than making sure you and your family have the support you need.
  2. Do not talk to the at-fault party’s insurance carrier without a lawyer. Not a recorded statement, not a written statement, not a “quick chat.”
  3. Do not sign any release or settlement offer. Early offers in wrongful-death cases are almost always a fraction of true value. Once signed, the case is over.
  4. Preserve evidence. Photograph the scene if you can. Save the vehicle, the tools, the equipment. Keep every bill and every note about the incident.
  5. Gather documentation. Tax returns, W-2s, pay stubs, benefits statements, and household-services information will all be needed for the economic damages piece.
  6. Get names and phone numbers of every witness. Witnesses move. Companies rotate crews. Contact info is often the single most valuable early piece of evidence.
  7. Call 1-985-851-3311. 24/7 live answer. Free consultation. We start protecting your family the same day.

Louisiana Wrongful-Death Statute of Limitations

Louisiana’s prescriptive period for wrongful-death and survival actions is short. Historically it has been one year from the date of death; 2024 Louisiana legislation lengthened certain personal-injury prescriptive periods to two years for causes of action arising on or after July 1, 2024. Federal maritime cases follow their own three-year statute (46 U.S.C. § 30106).

Do not wait to call a lawyer. Physical evidence disappears. Witnesses move or forget. Cell phones are wiped. Vehicles are repaired or scrapped. The sooner we get on the case, the more we can preserve. Call 1-985-851-3311 as soon as you can.

How Much Does a Houma Wrongful-Death Lawyer Cost?

Nothing up front. We work on contingency — you pay only if we recover. No consultation fee. No expenses out of pocket. If we don’t recover for your family, you don’t owe us anything. That’s not a marketing line. It’s the deal.

Injured? Call Now — 1-985-851-3311 — a real person answers 24/7. No voicemail. No robot.

Get A Free Consult

Wrongful-Death Case Results

Every case is different. Past results do not guarantee future outcomes. See full disclaimer below.

  • $2,000,000 — Wrongful Death (Alabama Dram Shop). Recovery in a fatal drunk-driving case involving over-service by an on-premises establishment.
  • $650,000 — Fatal Drunk-Driving Accident. Recovery in a fatal collision involving an impaired driver.
  • $3,200,000 — Offshore Rig Injury. Multi-million-dollar recovery in a Jones Act matter involving catastrophic offshore harm.
  • $975,000 — Crane Accident on Fixed Platform. OCSLA and general maritime resolution.
  • $650,000 — Tug & Barge Injury. Jones Act settlement.
  • $495,000 — Truck Accident. Recovery in a commercial-truck collision involving serious injury.

Past results do not guarantee future outcomes. Every case is evaluated on its own facts.

Frequently Asked Questions

Who has the right to bring a wrongful-death action in Louisiana?

Under Louisiana Civil Code article 2315.2, the classes of eligible plaintiffs are, in order of priority: (1) surviving spouse and children; (2) if none, surviving parents; (3) if none, surviving siblings; (4) if none, surviving grandparents. If a higher class exists, lower classes do not have a claim.

What is the difference between a wrongful-death claim and a survival claim?

A wrongful-death claim (article 2315.2) compensates the surviving family for their own losses caused by the death — love, companionship, financial support, grief. A survival claim (article 2315.1) compensates the deceased’s estate for what the deceased personally suffered between injury and death — pre-death pain, suffering, and pre-death medical bills. They are typically pursued together.

How long do I have to file a Louisiana wrongful-death case?

Louisiana’s prescriptive period has historically been one year from the date of death (or two years from the date of injury, whichever is longer, under La. C.C. art. 2315.2(B)). 2024 Louisiana legislation lengthened certain personal-injury prescriptive periods to two years for causes of action arising on or after July 1, 2024. Federal maritime cases follow a three-year statute (46 U.S.C. § 30106). Because the correct deadline depends on the facts, do not guess — call us.

My family member was killed offshore. Does Louisiana wrongful-death law apply?

It may — but federal maritime law is often the controlling regime. Depending on where the death occurred (territorial waters, high seas, or a fixed platform on the Outer Continental Shelf) and the decedent’s job, the Jones Act, DOHSA, general maritime law, and/or OCSLA (which borrows Louisiana wrongful-death law as surrogate federal law) may apply. Framing is critical.

Can I recover punitive damages in a Louisiana wrongful-death case?

Only in specific circumstances. Louisiana does not have a general punitive-damages statute, but article 2315.4 allows exemplary damages against a wanton or reckless drunk driver. Federal maritime law also allows punitive damages in specific circumstances (for example, willful and arbitrary denial of maintenance and cure under Atlantic Sounding v. Townsend).

Do I need to open a succession to bring a wrongful-death case?

For the wrongful-death action itself, no — the article 2315.2 plaintiffs sue in their own right. For the survival action under article 2315.1, an appropriate representative typically needs to bring the claim on behalf of the estate. We’ll walk you through what the specific facts require.

How is a wrongful-death case valued?

Non-economic losses (love, companionship, mental anguish, loss of consortium) are proved through the family’s own testimony and, where appropriate, expert testimony about the specific relationships. Economic losses (loss of financial support, household services, funeral expenses) are proved with pay records, tax returns, an economist’s present-value calculation, and expert testimony from a vocational-rehab specialist about the decedent’s realistic future earnings. Building both sides is what turns a nominal offer into a real recovery.

Will we have to go to trial?

Most wrongful-death cases settle — but only if the defense believes we are ready to try the case. We build every wrongful-death case as if it will be tried in front of a jury. That preparation is the leverage that produces real settlement value.

LET JOE FIGHT FOR YOU

If you or a loved one has been hurt, don’t wait. Call Kopfler & Hermann today for a free consultation. A real person answers 24/7 — not a voicemail, not a robot. Joe Kopfler has practiced law in Louisiana since 1977 and has spent more than four decades fighting insurance companies and getting real money for South Louisiana families. You pay nothing unless we win. Your case matters — let’s get it done.

Get A Free Consult   Free Case Review

Past results do not guarantee future outcomes. Every case is evaluated on its own facts.

Office Location

Kopfler & Hermann, Attorneys at Law
306 Grinage Street, Suite 400
Houma, LA 70360
Phone: (985) 851-3311  |  1-985-851-3311
24/7 Live Answering  |  Serving Terrebonne, Lafourche & St. Mary Parish

The verdicts and settlements referenced are representative of cases handled by Kopfler & Hermann and are not a guarantee or prediction of the outcome of any other claim. Every case is different and past results do not guarantee future outcomes. No fee unless we recover on your behalf; client may be responsible for case costs and expenses. Joseph G. Kopfler is licensed to practice law in Louisiana.

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