Frequently Asked Questions

Yes. Every matter is handled directly by Stephen “Curt” Aertker, Jr., from the first call to the final resolution. There are no hand-offs, no associates, and no file numbers — the lawyer who prepares your case is the one who appears in court.

Call 985·612·7220 or use the contact form. For most injury, malpractice, and criminal matters the initial consultation is complimentary; for transactional and planning work, the firm will explain any consultation fee up front.

It depends on the matter. Injury and malpractice cases are handled on a contingency fee — no attorney’s fee unless there is a recovery. Defined projects such as business formation, estate planning, and the College Legal Package are handled on a flat fee. Litigation and ongoing counsel are typically hourly. Fees are discussed clearly before any engagement.

The firm is based in Covington and serves the Northshore — St. Tammany, Tangipahoa, and Washington Parishes — and clients across southeast Louisiana and Mississippi. Stephen is admitted in the state courts of both states, the federal district courts of both states, and the U.S. Court of Appeals for the Fifth Circuit, and appears in other states by pro hac vice admission.

Yes — licensed in Louisiana since 1997 and Mississippi since 1998.

Not by itself. Reaching out or submitting the contact form does not create an attorney-client relationship; that begins only when an engagement is established. Please avoid sending confidential or time-sensitive details until then.

Louisiana recently extended the deadline for most injury claims from one year to two years for injuries occurring on or after July 1, 2024 (La. C.C. art. 3493.1). Claims that arose earlier may still fall under the prior one-year period, and other deadlines can apply to claims against public entities. Because the rules turn on dates and exceptions, confirm your deadline with a lawyer promptly — missing it can end the claim.

Nothing up front. Injury and malpractice matters are handled on a contingency fee — there is no attorney’s fee unless and until a recovery is made. The firm advances case costs and expenses; a client may be responsible for them if there is no recovery. This is all spelled out in the engagement agreement.

Be cautious. First offers are frequently low, and once you sign a release and settle, you generally cannot reopen the claim — even if your injuries turn out to be worse than they first appeared. It is worth having a lawyer review any offer before you sign.

Usually, yes. Louisiana follows comparative fault (La. C.C. art. 2323): your recovery is reduced by your percentage of fault, but you are not barred from recovering unless you are found 100% at fault. Insurers often overstate a claimant’s share of fault during adjustment.

It runs through an entirely separate system. A claim against a qualified provider must generally go to a medical review panel before suit, the Patient’s Compensation Fund and a $500,000 cap (with future medical care excepted) may apply, and the deadline is governed by La. R.S. 9:5628 — one year, with a three-year peremptive outer limit. See the Medical Malpractice page for detail.

No honest lawyer can answer that without the facts. Value depends on the nature of the injuries, the treatment and prognosis, the degree of fault, and the available insurance. The firm evaluates this after reviewing your specific situation.

There are two main routes. Under Article 102, you file first and the divorce is granted after living separate and apart for 180 days (no minor children) or 365 days (with minor children). Under Article 103, a divorce can be granted when you have already lived apart for the required time, or immediately on fault grounds such as adultery or a felony conviction. Covenant marriages follow stricter rules.

By the best interest of the child (La. C.C. arts. 131 and 134). Louisiana courts favor arrangements giving a child continuing contact with both parents — typically joint custody with a designated domiciliary parent and a clear implementation plan.

Under statutory income-shares guidelines (La. R.S. 9:315 et seq.) that combine both parents’ income, the number of children, and add-ons such as health insurance and child care. The formula is fixed, but the figures that go into it — especially for self-employment and bonuses — are where these cases are won.

Possibly. Louisiana recognizes interim support during the divorce and final periodic support afterward. Final support is available only to a spouse who is free from fault and in need, is weighed against statutory factors, and is capped at one-third of the paying spouse’s net income.

Louisiana is a community property state. Absent a matrimonial agreement, most assets and debts acquired during the marriage are divided on divorce. The work lies in classifying community versus separate property, tracing, valuation, and partition under La. R.S. 9:2801.

Exercise your right to remain silent and ask for a lawyer before answering any questions. You cannot talk your way out of an arrest, and statements made without counsel are a common way cases are lost. Be polite, but say nothing about the allegations until you have spoken with an attorney.

Yes. A DWI triggers two separate proceedings: the criminal charge under La. R.S. 14:98 and an administrative action against your driver’s license. You generally have a strict deadline — about 30 days — to request an administrative hearing, or your license is suspended automatically, regardless of the criminal outcome.

Often. Louisiana law (La. C.Cr.P. arts. 971–995) allows many arrests and certain convictions to be expunged once applicable waiting periods and eligibility requirements are met. Whether you qualify depends on the offense and your history; the firm can evaluate your eligibility.

A “minor” charge can still leave a record that employers, landlords, and licensing boards see for years. Counsel can often protect your record through dismissal, diversion, or a deferred disposition that keeps a conviction off your record entirely.

Not before talking to a lawyer. There may be defenses, an unlawful stop or search to challenge, or alternatives that protect your record and your future. A quick guilty plea can have consequences that outlast the case.

If you die without one, the Civil Code decides who inherits and in what shares — which may not match your wishes. A valid Louisiana will lets you direct your estate, name an executor, and designate a tutor for minor children. It also makes the eventual succession far simpler for your family.

Louisiana is the only state that retains it. Children who are 23 or younger, or who are permanently incapable of caring for themselves, are forced heirs entitled to a protected share — one-fourth of the estate for a single forced heir, one-half for two or more. Any plan must account for it, and a plan that ignores it invites a challenge.

Usually yes — a succession is how title to real estate, accounts, and other assets is legally transferred to the heirs. Smaller estates, or those where the death occurred long ago, may qualify for a simpler small-succession affidavit instead of a full proceeding.

It varies. A simple, uncontested succession placing heirs in possession can move relatively quickly; one requiring administration — paying debts, selling assets, running a business — or one that is contested takes longer. The firm works to move them efficiently.

Louisiana is different. Out-of-state living-trust forms often do not function as promised here, because Louisiana’s civil law treats trusts and successions differently. Trusts are valuable for specific purposes, but they are not the automatic probate-avoidance tool national advisors assume. Have any plan reviewed by Louisiana counsel.

Maybe not. Louisiana’s formalities for a valid testament are exacting, and a will that is perfectly valid in another state can be declared invalid here. It is safer to have your will drafted to Louisiana’s requirements.

It depends on ownership, tax goals, and how you plan to grow or exit. Most small Louisiana businesses are well served by an LLC, but not all — and the choice affects taxes, liability, and governance for years. It is worth a short conversation before anything is filed.

Maybe not. Louisiana strongly disfavors non-competes and declares them void unless they fit squarely within the narrow exceptions of La. R.S. 23:921 — including a limited duration (generally up to two years) and a precise specification of the parishes or municipalities covered. Many non-competes are unenforceable as written, which matters whether you are enforcing or escaping one.

Louisiana’s Private Works Act (La. R.S. 9:4801 et seq.) imposes strict notice and deadline requirements on construction liens. A lien that does not comply can often be challenged or cancelled. These matters move on deadlines, so act quickly.

Louisiana resolves this through the action of boundary, which fixes the line based on titles and survey — and, where it applies, the rules of acquisitive prescription. The firm coordinates licensed surveyors and resolves encroachments by agreement where possible and by judgment where necessary.