A catastrophic injury is any severe injury that results in long-term or permanent disability, significantly impacting a person’s quality of life. These injuries often prevent victims from returning to work or enjoying daily activities. Examples of catastrophic injuries include:

• Traumatic Brain Injuries (TBI): Injuries affecting brain function that may result in cognitive impairments, memory loss, or permanent disability.
• Spinal Cord Injuries: Severe damage to the spinal cord can lead to partial or complete paralysis, such as paraplegia or quadriplegia.
• Amputation: The loss of limbs due to injury can result in lifelong physical and emotional challenges.
• Severe Burns: Extensive burns can lead to disfigurement, infection, and long-term medical care.
• Internal Organ Damage: Trauma to organs can lead to life-threatening complications and long-term health issues.

Catastrophic injuries often require extensive medical treatment, including surgeries, rehabilitation, and ongoing care, leading to significant financial costs.

Determining fault in a catastrophic injury case depends on proving that another party’s negligence caused the accident. In Louisiana, fault is typically established through the following elements:

1. Duty of Care: The responsible party owed a duty of care to the injured person. For example, construction companies must provide a safe working environment for employees and visitors.
2. Breach of Duty: The responsible party failed to meet the standard of care, such as failing to follow safety regulations on a construction site.
3. Causation: The breach of duty directly caused the catastrophic injury.
4. Damages: The injured party suffered significant harm, including medical expenses, lost wages, and pain and suffering.

Our team at Brandt & Sherman will conduct a thorough investigation, gather evidence, and consult experts to prove liability in your case.

Yes, Louisiana follows a comparative fault rule (Louisiana Civil Code Article 2323). Under this law, even if you are partially at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault.

For example, if you are found to be 20% at fault for the accident and your total damages are $500,000, your compensation would be reduced by 20%, meaning you would receive $400,000.

At Brandt & Sherman, we will work diligently to minimize your share of the fault and maximize your compensation, especially when opposing parties try to shift blame onto you.

The value of a catastrophic injury claim varies depending on the severity of the injuries and the impact they have on your life. Compensation may include:

1. Medical Expenses: This covers both past and future medical bills, including surgeries, hospital stays, rehabilitation, and long-term care.
2. Lost Wages: If your injuries prevent you from working, you may be compensated for lost income and reduced earning potential.
3. Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
4. Disability and Disfigurement: Damages related to any permanent disability, disfigurement, or loss of function.
5. Home and Vehicle Modifications: Costs associated with adapting your living space and transportation to accommodate a disability.
6. Future Care: This includes ongoing medical treatment, nursing care, and any other long-term needs resulting from your injury.

Catastrophic injuries can have a significant and lasting financial impact. Our attorneys will work with medical and financial experts to calculate the full extent of your losses and pursue maximum compensation.

In Louisiana, you generally have one year from the date of the injury to file a personal injury claim under the state’s statute of limitations (Louisiana Civil Code Article 3492). However, as of July 1, 2024, this statute of limitations will extend to two years for injuries occurring on or after that date.

Failing to file within the statute of limitations could result in losing your right to seek compensation. It’s crucial to contact a catastrophic injury attorney as soon as possible to ensure your claim is filed on time and that your legal rights are protected.