The Legal Concept of a Catastrophic Injury

There is no strict legal definition of a catastrophic injury. Nowhere in state law is an example given of these incidents. As a result, an injury’s status as catastrophic has nothing to do with whether a party is at-fault for an incident. Nevertheless, it can be helpful to understand the concept of a catastrophic injury when measuring the impact of the incident on an individual’s life. Proving how an injury occurred is only one part of building your case. It is just as important to demonstrate how the incident impacted a person’s current and potential wellbeing. A catastrophic injury is one that will affect a person for the rest of their life. It is also one that severely limits an individual’s ability to earn a living, care for their needs, and enjoy hobbies or time with family.

One common category of catastrophic injuries is damage to a person’s central nervous system. This includes the brain and spinal cord. Injuries to these vital organs can result in paralysis or loss of cognitive function. Similarly, catastrophic injuries can also describe events that cause an individual to lose control over a body part. Amputations of arms or legs or irreparable damage to body parts fall into this category. Finally, third-degree burns that cover a substantial portion of a person’s body are also considered catastrophic.

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Events that May Lead to Catastrophic Injuries

A catastrophic injury could occur at almost any time. Events that may cause these severe injuries include:

Ultimately, it falls to an injured party to show how another person or company’s actions caused their injuries. The extent of the injuries that a person suffers in an incident is irrelevant in this process. Instead, injured parties must prove that another party was at-fault for an accident or intentional act that resulted in their injuries. The legal team at Laborde Earles Injury Lawyers is ready to help you with your case. In situations where an accident resulted in catastrophic injuries, we may be able to gather evidence proving that another driver, a property owner, or a medical professional did not take the necessary steps to keep you safe.

In cases where an injury was the result of a criminal act, we can track the case as it moves through the criminal court to determine if a guilty verdict can be evidence in your civil case for compensation. However, you do not need the at-fault party to be convicted of a criminal charge in order to pursue compensation from them in a personal injury claim. It is essential that you act quickly to protect your rights. CC 3493.1 gives you only two years from the date of injury to seek payments in most cases. Reach out to us today at (337) 777-7777 to learn more.

Helping Injured People Protect Their Futures

Proving that someone else was responsible for your injury is only the first part of what a personal injury lawyer will do for you. The second factor is demonstrating how that incident affected your life. In cases that involve catastrophic injuries, the outcome of the legal process may determine your financial future for the rest of your life.

All personal injury cases, including those involving catastrophic injuries, center around a physical injury. An at-fault party may be liable to provide payments for all necessary medical care. This damage may include reimbursement for past costs as well as payments for estimated future care. This may be substantial, as severe permanent injuries may require a lifetime of physical therapy.

No less substantial are the ways that a catastrophic injury can affect a person’s quality of life. Experiencing any injury is a traumatic event, and merely coming to terms with a new reality can be devastating. Individuals who suffer these injuries may deserve payments to make things right. A Lake Charles catastrophic injury lawyer could help your measure these losses and demand proper payment.

However, the law may function to limit your potential compensation. One example is the Louisiana Revised Statutes (RS) §40:1231.2. This statute says that the limit on payments for pain and suffering or other non-economic damages in medical malpractice cases is $500,000. An attorney could work with you to determine the potential value of your case as applied to limitations under the law.

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Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Marksville

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Car Accident

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New Orleans

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Baton Rouge

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Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

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Alexandria

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Baton Rouge

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New Iberia

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New Orleans

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Marksville

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Alexandria

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Lake Charles

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New Iberia

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New Orleans

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Lake Charles

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New Orleans

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Lafayette

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Lafayette

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New Orleans

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Lafayette

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Marksville

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Mimi

Lake Charles

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Alexandria

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Baton Rouge

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Lafayette

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New Iberia

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Baton Rouge

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You May Be Entitled to the Compensation You Need to Set Things Right After a Catastrophic Injury

A Lake Charles catastrophic injury attorney is ready to take the lead in your case. The legal team at Laborde Earles Injury Lawyers can help to show how a car accident, a slip and fall, medical malpractice, or a defective product was the primary cause of your catastrophic losses. We work on a contingency-fee-basis, meaning that you will not owe us any up-front expenses. 

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