Catastrophic Injuries Lawyer in New Orleans

New Orleans Catastrophic Injury Attorneys

Accidents happen without warning. They are universally stressful and sometimes painful, creating undue hardships for those involved. However, not all accidents are the same. Some are worse than others, costing victims much more than time, money, and stress. Sometimes, they change your life forever.

Traumatic, life-changing calamities are known as catastrophic accidents. In these incidents, the injuries are so severe that a victim is left permanently disabled—often because the brain and spinal cord have sustained too much physical damage. Catastrophic harm like this frequently occurs during automobile collisions, oilfield mishaps, or as a result of accidents, leaving victims drowning in medical bills, the high cost of ongoing therapy, and the loss of gainful employment. Sometimes, these accidents aren’t anyone’s fault. However, catastrophic injuries often result from someone else’s mistake or negligence.

If your life has been irrevocably changed by catastrophic injuries caused by someone else’s error, you may be entitled to compensation for your pain, suffering, and financial losses.

Here’s what you need to know about catastrophic injury recovery in Louisiana and what the dedicated personal injury attorneys at Lamothe Law Firm can do to help you get the compensation you deserve.

To schedule a free consultation with an experienced Louisiana catastrophic attorney, contact our office by calling 504-704-1414.

Understanding Catastrophic Injuries in Louisiana

In Louisiana, “catastrophic injury” is defined as any severe—often permanent—injury that causes significant impairment or disability. These injuries alter the trajectory of a person’s life and usually require substantial short and long-term medical attention, extended outpatient care, and lengthy rehabilitation. In some cases, the injuries are so severe that the victim’s chance of full recovery is slim.

This intense physical harm and lengthy recovery period can have a tremendous impact on a person’s life. Injuries vary widely between cases, but depending on the circumstances, they can sometimes alter nearly every aspect of daily existence. Some outcomes may include:

Loss of mobility, sensory function, or independence.
Ongoing medical care, treatments, therapies, surgeries, and medication.
The inability to physically care for one’s self.

The inability to perform basic tasks such as walking, feeding, dressing, and personal hygiene.
An increased risk of depression, anxiety, and other mental health issues.
A decreased sense of self-esteem and worth.
An inability to keep and maintain close personal relationships.
Loss of income and gainful employment.
Loss of future earning capabilities and career prospects.
Ongoing medical expenses and financial strain.

Adjusting to losses in any of these areas would take time. However, catastrophic injuries don’t give victims the luxury of picking and choosing where changes happen. Instead, victims contend with a multi-dimensional impact that shatters the normalcy of day-to-day life.

Examples of Common Catastrophic Injuries in Louisiana

The two main differences between a catastrophic injury and non-catastrophic harm are 1) the severity of damage and 2) how long it takes to recover. Catastrophic injuries are often life-threatening, and in most cases, the victim never fully recovers. They are forced to adapt to a new normal with many limitations.

This categorization encompasses a wide range of physical harm. Here are some of the most common cases we see in Louisiana:

Spinal Cord Injuries

Some of the worst catastrophic injuries are caused when the spinal cord sustains damage. The spinal column is a series of interlocking bones that stretches from your head down the length of your back and contains clusters of nerves that ferry messages from your brain to every part of your body. Injuries to this area of the body are often fatal. They can cause paralysis (either paraplegia or quadriplegia), respiratory and circulatory issues, reflex spasms, chronic pain, and a loss of control over bladder and bowel movements.

Traumatic Brain Injuries (TBI)

A traumatic brain injury (TBI) occurs when someone sustains a sudden and severe blow to the head. Traumatic brain injuries frequently result in death, and survivors suffer from partial or total loss of brain functioning. These people may experience problems with memory, attention, and executive functioning. Others struggle with motor impairments, issues with coordination, and sensory deficits. Personality changes, mood swings, and impulse control are also common, and most victims of TBI struggle with lingering chronic pain (such as headaches, sleep disturbances, and sensitivity to light and noise). These effects can significantly impact a person’s life quality and will often require extensive medical treatment and long-term support.

Acquired Brain Injury

Unlike a traumatic brain injury, an acquired brain injury (ABI) arises from internal factors (such as a medical condition) rather than external trauma. Acquired brain injuries do not include damage that is hereditary, congenital, degenerative, or the result of birth trauma. Instead, ABIs result from another kind of accident, such as oxygen deprivation. For example, strokes, near-drowning accidents, infectious diseases, tumors, and toxic exposure. Individuals with ABI have life-altering consequences that range from physical disabilities to cognitive impairments and emotional and behavioral changes.

Burn Injuries

Catastrophic burn injuries are horrifically painful and leave victims terribly scarred. In Louisiana, these often occur during oilfield accidents and are a common injury in industrial workplace accidents. Third and fourth-degree burns can extend into a person’s deep tissue, destroying nerves, muscles, and bones, requiring skin grafts, extensive surgical intervention, and an agonizing recovery. Burn victims commonly suffer from scarring, disfigurement, loss of motor functioning, and contractures (tightened skin that restricts the movement of underlying muscles). Other long-term impacts include chronic pain, psychological trauma, and financial hardship stemming from ongoing medical needs.

Loss of Limb

Loss of limb is a broad term that refers to the permanent separation of a body part, regardless of how it was lost. This includes amputation, traumatic injury, and congenital conditions. In terms of catastrophic injury, loss of limb is often the result of a workplace accident, such as a machinery malfunction or large truck accident. In some situations, an amputation is a medical necessity because of another underlying condition (such as a severe infection or to save someone’s life). Loss of limb has a profound impact on a victim’s life and physical capabilities. These individuals face lengthy and expensive recoveries, which often involve learning how to use a prosthetic limb, long-term therapy, and psychological support.

Other Potential Catastrophic Injuries

Catastrophic injuries need not be life-threatening to be life-altering. As a result, other potential catastrophic injuries might include:

Loss of sight.
Hearing loss.
Facial deformity.
Physical disfigurement.
Nerve damage.
Severe organ damage.
Neurological damage.

This list is not exhaustive, so it’s important to discuss your situation with a qualified New Orleans personal injury attorney who can help you determine the best course of action.

Worker's Compensation for Catastrophic Injuries in Louisiana

Louisiana employers are required to carry worker’s compensation insurance. If you suffered a catastrophic injury while on the job, you are automatically entitled to file a claim as an employee.

Workman’s compensation covers expenses for all job-related injuries and diseases, regardless of who was at fault. This money covers things like:

Hospital bills.
Doctor’s visits.
Ongoing medical needs.
Prescriptions.
Rehabilitation therapy.
Death benefits.

Depending on the circumstances, some catastrophic injuries may qualify for a $50,000 lump sum payout. Unfortunately, these benefits do not cover everything (for example, pain and suffering). In addition, these funds are not limitless and may have caps that prevent you from collecting the total amount, leaving you grappling to handle mounting medical bills on your own. Luckily, there may be another way.

Worker’s compensation covers claims, regardless of fault. However, suppose someone is to blame for causing your injuries. In that case, you may be able to file an outside personal injury claim and recoup additional expenses for economic, non-economic, and even punitive damages.

Personal Injury Compensation for Catastrophic Injuries in Louisiana

Louisiana law does not explicitly separate catastrophic injuries from other personal harm. Instead, catastrophic injuries are handled under the broader umbrella of personal injury law. To get damages in these areas, you must show:

That the defendant owed you a duty of care;
That the defendant breached that duty of care;
That the breach directly caused your injuries; and,
As a result of your injuries, you suffered actual damages.

These damages can’t be used to pay for expenses already covered by workers’ compensation, and they are grouped under three main categories: economic, non-economic, and punitive.

Economic Damages

In personal injury law, economic damages are designed to reimburse an injured party for the actual, tangible expenses related to their injuries. These damages are more straightforward to calculate because they consist of line-item amounts that are easy to add.

Some examples of economic damages might include:

Current medical expenses, hospital and doctor bills, surgery, and immediate medical treatment.
Future medical expenses for ongoing care related to the injuries.
Lost wages stemming from an inability to work while recovering.
Loss of future income if the injury impacts the individual’s ability to work or perform at their previous capacity.
Loss of earning capacity based on how the injury affects their career.
Damage to personal property, such as vehicles or equipment.
Other out-of-pocket expenses that are directly related to the injury.

Workers’ compensation will cover some of these costs, but because of caps and other limitations, it may not be enough to cover everything. If someone was at fault in your accident, a third-party personal injury lawsuit could hold them financially accountable for the losses not covered by workers comp.

Non-Economic Damages

Non-economic damages are more difficult to determine because they are intangible and somewhat subjective. These include the non-quantifiable harm done to you and provide compensation for things like:

Pain and Suffering—the physical discomfort you must endure because of the injury.
Emotional Distress—the psychological impact of your injury, including anxiety, depression, and emotional trauma.
Loss of Enjoyment of Life—the inability to enjoy the activities you once participated in, such as sports, travel, or other personal interests.
Loss of Consortium—the injury to your relationship with your spouse or partner, including emotional connection and physical intimacy.
Disfigurement—the loss of physical appearance that may impact that person’s self-esteem and social interactions.
Loss of Independence—the inability to live independently and care for oneself.

It’s tough to put a price tag on these life changes—especially since certain areas will impact some individuals more than others. When determining how much to award in damages, the court will analyze individualized factors of your case. It may solicit help from mental health professionals, counselors, and other experts who can testify to the impact of your injuries. They will also ask for your personal testimony and may look at similar cases to see how previous courts awarded damages.

An experienced personal injury attorney can help ensure your pain and suffering are not overlooked, and you are fairly compensated for this non-economic harm.

Punitive Damages

Sometimes, a Louisiana judge may choose to award punitive damages. Also known as “exemplary damages,” this money is awarded for two reasons:

To punish wrongdoers for purposeful or particularly egregious mistakes.
To deter other future wrongdoers from repeating the behavior.

To win a request for punitive damages, the plaintiff must prove the defendant’s actions were not just negligent but involved a higher degree of fault, such as fraud, malice, or gross negligence.

These damages are not intended to compensate the plaintiff but to punish and deter wrongdoers. As a result, a portion of these damages may be awarded to the public or for charitable purposes, depending on the circumstances.

Wrongful Death

Catastrophic injuries are categorized based on their severity. Hence, many people who sustain these injuries don’t survive. If a catastrophic injury is fatal and results directly from someone else’s mistake or negligence, then family members of the deceased may be entitled to file a wrongful death suit.

Wrongful death damages are designed to compensate loved ones for pain and suffering, funeral costs, and the loss of future income.

Why Hire Us

Experience

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Track Record

We have recovered over 100 million dollars for our clients.

Reputation

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A New Orleans Catastrophic Injury Attorney Can Help

If you are suffering from a catastrophic injury, then no amount of money will be able to put things back the way they were. However, that doesn’t mean you should bear this burden alone. If you have questions about how you can recoup damages, we want to hear from you. Contact Lamothe Law Firm today for a free consultation, and let our highly experienced attorneys help fight for your interests and get you the compensation you deserve.