Louisiana

Catastrophic Injury Lawyers

Our Louisiana Serious Injury Lawyers Help Undo Medical Debt, Lost Wages & More

Catastrophic injuries can change a life in just a few quick moments. From burns to spinal cord injuries to brain trauma, catastrophic injuries are made even more tragic and frustrating by the fact that another person’s negligence is almost always the cause. 

Our Louisiana catastrophic injury attorneys strive to hold negligent parties accountable by forcing them to cover the cost of their victims’ medical bills, lost wages, and more.

After decades in practice, the results speak for themselves—Clayton, Frugé & Ward has won over $1 billion fighting for people who need compensation, including the largest single-injury verdict in state history. Our commitment extends beyond just winning cases; it is about restoring lives and ensuring justice for our clients. We engage with every case with the intent to make a substantial difference in the lives of the affected, showcasing our dedication to each individual and their unique circumstances.

If you have been seriously injured, call our Louisiana catastrophic injury attorneys at (225) 209-9943 for a free consultation. There is no fee unless we recover compensation for you.

Understanding Catastrophic Injuries

Injuries that are considered catastrophic significantly impair a person’s cognition, mobility, or sensory abilities. When these accidents occur, they devastate the survivor's quality of life. Victims of these severe injuries experience pain, debt from medical treatment, and a decreased ability to earn a living. It's crucial to recognize the signs and symptoms early and seek immediate medical attention to begin addressing these challenges.

Catastrophic injuries include:

When a person experiences the drastic transformation of life that catastrophic injuries cause, they are forced to undergo a radical change that no one should endure. Those who caused it must be held accountable. Our legal strategy involves thorough investigation into each case to identify all liable parties, ensuring that no stone is left unturned in the pursuit of justice. We work tirelessly to collect and preserve critical evidence that supports our clients' claims and strengthens their positions in court.

Understanding the complex nature of catastrophic injuries is essential for proper legal representation. These injuries often involve long-term rehabilitation, adjustments to the living environment, and, sometimes, the need for lifelong medical care. Moreover, they may require specialized equipment and resources to facilitate a level of independence and a return to daily routines.

Who Is Liable for a Catastrophic Injury? 

Employers, property owners, manufacturers, and even individuals often act negligently, recklessly, or wrongfully, leading to life-changing accidents and injuries. For example, employers can neglect to follow regulations, creating unsafe work environments to increase profits. Then, when workers are injured, those same employers dodge responsibility by attempting to place blame on anything and anyone but themselves when simply implementing proper workplace rules would have prevented the incident from ever occurring. 

Taking legal action against a negligent employer, manufacturer, or individual can not only compensate the victim but also serve as a catalyst for policy and safety improvements, safeguarding others in the community. At Clayton, Frugé & Ward, we are not only dedicated to protecting the rights of our clients but also forcing powerful entities to change how they operate through legal accountability in our efforts to make sure similar tragedies do not befall other families. 

The Process of Filing a Catastrophic Injury Claim

Navigating the legal system after a catastrophic injury can be daunting, but understanding the process can empower victims and their families. Initially, you should seek immediate medical care to document the injury's impact. During this process, it's important to maintain all documentation related to your injury and its impact on your life. Building a strong case often involves collaborating with medical experts who can provide testimony on the extent of your injuries and the expected long-term consequences. 

Once you've addressed urgent medical concerns, the next step to take is to connect with a knowledgeable catastrophic injury attorney in Louisiana. Your attorney will help evaluate the viability of your case by examining crucial evidence, such as medical records, accident reports, and eyewitness statements. Furthermore, initiating a catastrophic injury claim in Louisiana requires adherence to specific state laws and timelines, making attorney guidance indispensable to avoid pitfalls that could jeopardize your compensation.

What Makes a Successful Claim in Louisiana?

In Louisiana, several critical components determine the success of a catastrophic injury claim. First, establishing liability is paramount. This often involves demonstrating through clear evidence that another party's negligence directly resulted in your injuries. Gathering robust evidence, such as accident scene photographs, expert witness testimony, and thorough medical documentation, forms the backbone of any strong claim.

Another vital component is documenting the full impact of your injuries. This means not only accounting for immediate costs like medical bills and lost wages but also considering long-term effects, such as ongoing medical treatment, changes in your ability to earn a living, and non-economic factors like emotional distress and pain. In Louisiana's legal landscape, having an attorney from Clayton, Frugé & Ward who understands these intricacies can make a significant difference in how a claim is prepared and presented, influencing both the settlement negotiations and potential court outcomes.

Laws Impacting Catastrophic Injury Cases in Louisiana

Catastrophic injury claims are different from typical personal injury cases, largely due to the severity of the injuries and the resulting high value of the damages. Though there are no state laws specific to catastrophic injury claims, understanding Louisiana's personal injury laws becomes even more important in these complex and costly matters. Louisiana operates under a civil code derived from Roman law rather than common law, which emphasizes codified statutes over case law. This unique legal foundation can significantly influence the proceedings and outcomes of catastrophic injury cases.

What Is Comparative Negligence?

Louisiana catastrophic injury claims fall under the state's civil law system, and one notable aspect is its comparative negligence rule. Under this rule, a claimant’s damages can be reduced by their percentage of fault if they are found partly liable for the incident that led to their injuries. For example, if the insurance company says that you were 40% at fault, your total compensation would be reduced by 40%, meaning you could only recover 60% of the total amount you are seeking in damages. This aspect makes it essential for your legal team to thoroughly investigate and meticulously document all aspects of the incident to minimize your fault and maximize recovery potential. 

In catastrophic injury cases, even a small percentage of fault could amount to tens or even hundreds of thousands of dollars lost. Insurance companies know this and often claim that an injured victim was largely to blame, even when this is not the case. At Clayton, Frugé & Ward, we know how to fight back against these tactics, fiercely protecting our clients and their right to a full, fair recovery. Our approach involves comprehensive analysis and presentation of evidence that underscores our clients' claims, challenging unfounded assertions of contributory fault.

Louisiana's Statute of Limitations for Catastrophic Injury Claims

Another important factor is the statute of limitations for personal injury cases in Louisiana, or the amount of time you have to file a lawsuit against the liable party. For most personal injury cases where the injury happened on or after July 1, 2024, plaintiffs have two years from the date of injury to file their lawsuits. If an injury occurred before this date, the plaintiff has just one year to sue for damages. Failure to file within this timeframe typically results in forfeiture of the right to legal recourse, stressing the importance of swift action following an injury. Our attorneys are adept at managing these critical timelines, ensuring that our clients’ cases are filed promptly and in compliance with all procedural requirements.

This relatively short timeframe makes it crucial for victims to seek legal assistance as soon as possible in order to preserve their right to compensation. Furthermore, Louisiana's unique legal framework, including the state's no-pay, no-play insurance rule, can affect how catastrophic injury claims are handled. Our team understands these nuances and uses this in-depth knowledge to level the playing field for our clients.

Common Causes of Catastrophic Injuries in Louisiana

In Louisiana, catastrophic injuries arise from various accidents, many of which involve situations specific to the state's industries and infrastructure. Knowing these common causes is vital in crafting an effective legal strategy that addresses these unique risks.

Some of the most common causes of catastrophic injuries in Louisiana include:

• Motor Vehicle Accidents: Traffic accidents are a leading cause of catastrophic injuries in Louisiana. These incidents are often exacerbated by factors such as distracted driving, intoxication, and poorly maintained roads. It is essential to analyze the road conditions, driver behaviors, and vehicle safety records in these cases to determine fault accurately.
• Workplace Accidents: Given Louisiana’s significant industrial, oil, and petrochemical sectors, workplace accidents involving heavy machinery and hazardous materials also contribute to the frequency of severe injuries in the state. Understanding industry standards and safety regulations is crucial in establishing negligence in these scenarios.
• Falls: Accidents involving slips, trips, and falls, as well as falls from significant heights, often lead to catastrophic injuries like broken bones, head injuries, brain damage, spinal cord injuries, paralysis, and blunt force trauma. These events require thorough investigation to discern lapses in premises safety.
• Alcohol-Related Incidents: Many catastrophic injuries arise from alcohol-related incidents, such as drunk driving accidents, falls, and acts of violence, like assault. Effective advocacy involves exploring both the immediate circumstances and any related patterns of behavior or policy omissions that facilitated the situation.
• Violence: Assault and other forms of violence frequently lead to catastrophic injuries, including gunshot or knife wounds, blunt force trauma, head injuries, soft tissue damage, and more. Legal actions often intersect with criminal cases in these matters, demanding coordinated and informed legal support.

While the exact causes of catastrophic injuries vary, one thing they often have in common is negligence. Rarely are these incidents true accidents; in most cases, they result from the careless, reckless, and wrongful actions of others. When this happens, victims have the right to seek justice and fair compensation for their damages, including medical bills, lost wages, and pain and suffering resulting from the incident and the victim's injuries. 

Louisiana Catastrophic Injury FAQ

What Should I Do Immediately After Sustaining a Catastrophic Injury?

Immediately after sustaining any type of injury, you should seek medical attention, even if your initial symptoms appear mild. Medical professionals can accurately assess the extent of your injuries and begin necessary treatment. In many cases, the shock of an accident can mask the true severity of an injury. It's always important to see a medical professional for an accurate diagnosis. Immediate documentation is also key. If possible, capture images of the accident scene, gather witness statements, and collect any available surveillance footage that can later support your case.

After you have received medical care, you should try to document the incident as much as possible. This might include gathering evidence, such as photos of the scene, the contact details of any witnesses, and copies of the accident report, if applicable. If you are unable to gather evidence yourself, an attorney from our firm can do it for you. Reach out to us today to learn more. 

How Do I Choose the Right Catastrophic Injury Lawyer in Louisiana?

Choosing the right catastrophic injury lawyer in Louisiana can make a big difference in the outcome of your case, but there are several important things to consider. First, look for a firm with a proven track record of handling complex personal injury cases and securing significant verdicts and settlements. Client testimonials and references can provide insight into the firm's reputation. 

It's also important to find an attorney who demonstrates a strong commitment to the community and understands the local legal landscape, as this means that they can more effectively navigate Louisiana’s specific laws, as well as various regulations that may pertain to your case. An attorney who prioritizes clear communication and demonstrates a genuine interest in your case will likely provide more personalized service, which can greatly ease the process during an already difficult time.

Can I Pursue Compensation If I Share Fault for the Accident?

Under Louisiana’s comparative negligence law, you can pursue compensation even if you share some fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, your compensation will be reduced by that amount. Because of this, it is crucial to have skilled legal representation on your side. An attorney can help minimize your perceived fault and work to maximize your compensation, providing a better chance for a full recovery of the damages you have incurred. Our skilled negotiators have extensive experience countering insurance companies' tactics and know how to work to ensure that fault allocation does not unduly disadvantage our clients.

What Are the Long-Term Implications of Catastrophic Injuries?

The long-term implications of catastrophic injuries can be extensive and varied. Many victims face permanent physical limitations, requiring continuous medical care and significant adjustments in their everyday lives. The economic impact can also be profound, as victims face months, years, or even a lifetime of lost income and considerable medical expenses for immediate and future care. Emotional and psychological challenges are also common, as victims may experience issues such as post-traumatic stress disorder (PTSD), depression, or anxiety related to the event that caused their injuries. It's incredibly important, therefore, that those who have suffered catastrophic injuries are represented by someone who knows the full extent of the impact these injuries have on victims' lives, as well as how to pursue maximum compensation for past, current, and future damages. 

How Long Does It Typically Take to Resolve a Catastrophic Injury Case?

The timeline for resolving a catastrophic injury case can vary greatly depending on several factors, including the complexity of the case, the extent of the injuries, and the willingness of the opposing party to settle. In Louisiana, some cases may be settled in a few months if liability is clear and damages are agreed upon. However, more complex cases involving extensive investigations or disputed liability can take significantly longer, often over a year. The intricacies of gathering comprehensive medical records, negotiating with insurance companies, and potentially preparing for trial contribute to this timeline.

At Clayton, Frugé & Ward, we prioritize efficient handling of each case without sacrificing the attention to detail necessary for favorable outcomes. Our strategic approach includes clear communication with clients about anticipated timelines, ensuring they remain informed and engaged throughout the process.

What Steps Can I Take to Strengthen My Catastrophic Injury Case?

Proactively taking certain steps can significantly improve your chances of success in a catastrophic injury case. Start by seeking immediate and thorough medical attention to accurately document your injuries. Consistently follow your healthcare provider's treatment recommendations, as this documentation serves as critical evidence of the injury's severity and your commitment to recovery. Collect and preserve all relevant documentation—medical records, billing statements, police reports, and correspondence with other parties involved. Additionally, avoid making recorded statements to insurance companies without consulting your attorney, as these may inadvertently harm your case. Engaging a knowledgeable attorney who can provide tailored advice and strategically advocate on your behalf is instrumental in navigating these challenges and achieving a just resolution.

Injured? Call Our Louisiana Catastrophic Injury Lawyers at (225) 209-9943

We are proud Louisianans who operate on the foundation of treating clients with excellent service and the dignity they deserve. We fight for clients because they’re our neighbors, and it’s the right thing to do. Our strong connection to the Louisiana community allows us to approach each case with the cultural and social understanding necessary for powerful and dedicated advocacy. 

Our serious injury attorneys in Louisiana know catastrophic injuries are life-changing. If you or a loved one is struggling with the hardships of recovering from a catastrophic injury, let us help. These cases can be time-intensive and expensive. Our firm invests the time, resources, and dedication required to produce tangible results for you. We are committed to being there every step of the way, providing guidance, support, and comprehensive legal assistance that aims for the best possible outcome for you and your family.

Call our Louisiana catastrophic injury attorneys to obtain the legal representation you deserve. The consultation is free, and we do not charge fees unless your case is won. Call (225) 209-9943 as soon as possible.