A catastrophic injury is legally defined as “a severe injury to the spine, spinal cord, or brain, typically one that affects the nervous system.” Although it may be hard to distinguish between a catastrophic injury and other severe injuries, victims of catastrophic accidents often require lifelong medical care and assistance.
Catastrophic injuries are often so severe that the victim cannot return to work, faces enormous medical bills, and cannot enjoy life like they used to. If you or someone you love suffered a devastating injury that you believe was caused by someone’s negligence, contact a Lafayette catastrophic injury lawyer today.
Should I Hire a Lawyer For a Catastrophic Injury Case in Lafayette, LA?
You generally have one opportunity to seek compensation for a serious injury. If you don’t take full advantage of that opportunity, you may not receive the financial recovery you need and deserve. It would be best if you considered hiring a personal injury lawyer to represent your case.
You may still wonder whether you need a lawyer and if you can handle your claim alone.
There Are Several Risks in Handling Your Case Alone
If you’re considering handling your catastrophic injury case without a lawyer, you may not have fully considered the weight of a personal injury lawsuit. Even insurance claims can significantly drain your time, energy, and well-being.
When representing yourself, you may:
- Quickly realize the demands of a lawsuit or claim: It may not take long to find out that your case is more demanding than you initially thought. And the at-fault party’s insurance company is not on your side.
- Compromise your physical, psychological, and emotional health: You’re dealing with a catastrophic injury. Your health, or your loved one’s health, is already compromised. The psychological and physical demands of an accident claim or civil lawsuit may further deteriorate an accident victim’s health.
- Compromise the strength of your case: The strongest cases result from consistent effort and focus. You may not have the time or resources to give your case the necessary attention. The quality of your case may suffer as a result.
- Incur significant financial expenses: Our law offices bear all the upfront costs of a client’s case. All case-related expenses may come from your pocket if you handle a lawsuit independently. If you cannot afford filing fees or court costs, you could lose your case before you even begin.
- Lose your case: Even with all the time and effort you spend on your case, you could still lose. Then, you will bear the full brunt of the financial fallout from your claim or lawsuit on top of the debilitating effects of your injury.
Hiring a lawyer is not a guarantee that you’ll win your case. However, our legal team brings a lot to the table.
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Why Choose Our Personal Injury Law Firm For Your Catastrophic Injury Case?
Our law firm offers over 250 years of combined legal experience handling Louisiana injury claims and lawsuits. You’ll see advertisements for other personal injury firms serving Lafayette, but we believe that our team brings something unique to our clients.
Our Louisiana roots, compassion for catastrophic injury victims, and legal tenacity set us apart from other law firms. Our client testimonials show how much Louisiana accident victims appreciate our approach to handling personal injury cases.
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Causes of Catastrophic Injuries in Lafayette, LA
Although catastrophic injuries can occur almost anywhere, some of the most common causes include:
- Motor vehicle accidents, especially truck accidents and motorcycle accidents
- Offshore accidents
- Workplace accidents
- Severe dog bites
Regardless of the cause of your or a loved one’s catastrophic injury, a qualified attorney can help you get justice.
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Filing a Lafayette Personal Injury Claim
Due to the nature of catastrophic injuries, the damages awarded to a successful plaintiff in a case like this are often substantial. Damages can include compensation for medical expenses, lost income, loss of enjoyment of life, and loss of consortium.
Losses that do not have a clear monetary value, such as loss of lifestyle or pain and suffering, can be hard to quantify. Nevertheless, our firm will calculate your non-economic damages. In catastrophic injury cases, those non-economic damages can be significant.
Shared Fault in an Accident
Under CC Art. 2323, if the defendant claims that the injuries were partially the plaintiff’s fault, the damages awarded to the plaintiff may be reduced by the percentage of fault they bore for their injuries.
For example, if a plaintiff was found to be 15% responsible for the accident, they could recover a maximum of 85% of their final damage award. A capable lawyer will contest any claim that you’re at fault.
Proving Negligence
For a plaintiff’s personal injury claim to be successful, they must generally establish the following three points:
- The defendant was responsible for keeping the plaintiff safe and failed to do so.
- The neglect of the defendant’s responsibility to the plaintiff, whether intentional or unintentional, directly caused the catastrophic injury.
- The injury has resulted in significant compensable damages.
We understand that no amount of money can erase a catastrophic injury. However, a financial recovery can help you and your loved ones move forward.
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Catastrophic Injuries and Insurance Settlements for Injury Victims in Lafayette
Before accepting an insurance settlement that might be too low, it is important to understand the value of your claim. A personal injury lawyer in Lafayette will investigate your case and determine fair compensation for your losses. Our firm can:
- Obtain documents to prove your injuries, such as medical records, medical bills, police reports, and proof of lost time at work.
- Work with police to acquire video of the accident from nearby security cameras.
- Interview witnesses.
- Consult medical experts to determine the extent and duration of your injuries.
Our firm will handle every step of your catastrophic injury case so you can focus on your recovery. Although many injury claims settle during the negotiation phase, we can and will represent your interests in court. Our trial attorneys are at home in the courtroom and are ready to fight for full compensation.
Lafayette Parish Catastrophic Injury Lawyer
A catastrophic injury can affect your daily life for years or even the rest of your life. When you suffer a serious injury due to someone else’s negligence, expecting you to pay for the medical bills and other costs associated with that injury is not fair.
Our experienced attorneys serving Iberia Parish and beyond understand the severity of the consequences surrounding a catastrophic injury, and we will provide the legal support you need throughout the claim process.
Understanding Catastrophic Injuries
Catastrophic injuries are life-altering physical injuries that often involve permanent disability or disfigurement. Common examples include:
- Neck injuries
- Paralysis
- Third-degree burns
- Spinal cord injuries
- Traumatic brain injuries
- Loss of limbs
- Dog bite injuries
Fatal Injuries
If a victim dies from an accident, the surviving family members may seek compensation through a wrongful death lawsuit. Our compassionate wrongful death attorneys can help you recover monetary damages for the loss of your loved one, including:
- Hospital bills
- Funeral costs
- Burial expenses
- Lost income
- Emotional anguish
- Loss of companionship
Pursuing Compensation in Lafayette Parish
Most catastrophic injuries in our area result from accidents, and the at-fault party may not have intended to cause harm. However, accident victims can still seek compensation if the responsible person or company is negligent.
A Lafayette catastrophic injury lawyer can help you compile the evidence to prove fault and place a financial value on your claim.
Louisiana Negligence Laws
If a person causes damage to another, the actor must repair the victim. That means whoever caused the accident must compensate the victim for all their losses. If the victim had any role in causing their injury, their recovery is reduced by their percentage of fault.
For example, if the victim was 20% responsible for an accident, they could only recover 80% of their damages.
Often, the calculations for contributory negligence can be much more complicated. An attorney familiar with Louisiana negligence statutes and case law can help you determine the potential settlement value based on your injury’s circumstances.
Statute of Limitations for Louisiana Catastrophic Injury Lawsuits
The statute of limitations is the time limit for filing a lawsuit. Under CC Art. 3492, accident victims generally have one year from the date of their injuries to bring a claim. This time frame can differ depending on your case details.
As time passes, there is a greater chance that the accident scene or other evidence could be altered. Witnesses may forget details, and other important information could get lost. Contacting an Iberia Parish catastrophic injury attorney as quickly as possible can be vital to your case’s success.
When you contact a lawyer soon after the accident, you give them a better chance to compile evidence before it can be altered or forgotten. An experienced lawyer will also make sure you meet all the necessary legal deadlines and requirements so you have a better chance of winning your case.
Damages Related to Catastrophic Injuries
There are often significant expenses associated with a catastrophic injury. Victims may require extensive rehabilitation, physical and occupational therapy, and numerous corrective surgeries. The injured person may also be unable to work in their previous occupations or be completely disabled.
Catastrophic injury victims can pursue financial compensation for all their losses, including but not limited to the following:
- Pain and suffering
- Lost wages
- Past and future medical care
- Lost future wages
- Loss of consortium, service, and society
Settlement Offers from Insurance Companies
A personal injury attorney serving Lafayette and the surrounding areas can help you identify all your losses and demand maximum compensation. Insurance companies may quickly offer a settlement, but initial offers are often insufficient to cover future expenses.
You can protect your right to compensation for all your losses by working with an attorney familiar with catastrophic injury cases. Insurance companies are motivated to pay out as little as possible, so having an attorney in your corner can make all the difference during negotiations.
Let our dedicated personal injury attorneys handle the negotiations and legal filings so you can focus on rehabilitation.
Consulting With a Lafayette Catastrophic Injury Attorney
If you suffered from a catastrophic injury or lost a loved one due to someone’s negligence, a Lafayette catastrophic injury lawyer from Laborde Earles can review your case. Someone from our personal injury law firm will provide a thorough case evaluation to help you determine how best to proceed.
If we take your case, we will represent you on a contingency basis, which means you won’t pay legal fees or costs unless we obtain a fair settlement on your behalf. Our personal injury lawyers are standing by to fight for your rights, so contact our office today for a free consultation.
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