Louisiana Catastrophic Injury Lawyers

Others permanently change the way a person thinks, moves, works, communicates, or lives independently.

A traumatic brain injury may affect memory and personality. A spinal cord injury may cause permanent paralysis. An amputation can require a lifetime of prosthetic care. Severe burns may require repeated surgeries and leave permanent scarring and physical limitations.

These are catastrophic injuries.

When another person’s or company’s negligence causes a life-changing injury, the legal claim should account for more than the medical bills accumulated during the first few weeks after the accident.

At Jacqueline Scott & Associates, we investigate catastrophic injury cases in Shreveport and throughout Louisiana with attention to both what has already happened and what the injured person may need for the future.

What Is a Catastrophic Injury?

There is no single injury that defines every catastrophic case.

Generally, the term describes severe injuries that create substantial or permanent consequences.

Examples include:

• traumatic brain injuries;
• spinal cord injuries;
• paralysis;
• amputations;
• severe burns;
• multiple fractures;
• organ damage;
• severe neurological injuries; and
• permanent physical impairment.

Traumatic Brain Injuries

Brain injuries can be particularly difficult because symptoms are not always visible.

A person may look physically normal while experiencing:

• memory problems;
• difficulty concentrating;
• headaches;
• dizziness;
• sleep disturbances;
• personality changes;
• speech problems;
• emotional changes; or
• impaired executive functioning.

Severe brain injuries can require lifelong assistance.

Spinal Cord Injuries

Damage to the spinal cord can cause partial or complete loss of function.

Depending on the location and severity of the injury, a person may experience:

• paraplegia;
• quadriplegia;
• weakness;
• sensory loss;
• chronic pain;
• bowel or bladder complications; and
• loss of independence.

Treatment may involve emergency surgery, rehabilitation, equipment, medication, and long-term assistance.

Amputation Injuries

An amputation can affect virtually every part of someone’s life.

Future needs may include:

• prosthetics;
• replacement prosthetic devices;
• rehabilitation;
• occupational therapy;
• additional surgery;
• pain management;
• home modifications; and
• vocational assistance.

The cost of future care can extend for decades.

Severe Burn Injuries

Serious burns may result from:

• vehicle fires;
• industrial accidents;
• electrical accidents;
• explosions;
• defective products;
• refinery incidents; and
• oilfield accidents.

Treatment may involve skin grafts, surgery, infection management, rehabilitation, scar treatment, and psychological support.

Where Do Catastrophic Injuries Occur?

Life-changing injuries can result from:

• car accidents;
• 18-wheeler accidents;
• motorcycle crashes;
• industrial accidents;
• oilfield accidents;
• offshore incidents;
• defective products;
• premises hazards; and
• explosions.

The cause determines which parties and insurance policies should be investigated.

Why Are Catastrophic Injury Cases Different?

A catastrophic case requires evaluating the future.

A person injured at age 30 may live with the consequences for decades.

That means the claim may need to consider:

• future medical care;
• rehabilitation;
• medication;
• medical equipment;
• attendant care;
• home modifications;
• transportation modifications;
• future surgeries;
• lost earning capacity; and
• reduced independence.

What Is a Life-Care Plan?

In appropriate cases, professionals may evaluate the medical and support services a catastrophically injured person is expected to require in the future.

Any future-care projection should be based on medical evidence and the person’s actual needs.

What If I Can Never Return to My Career?

Permanent work restrictions can create substantial economic losses.

Evaluation may consider:

• previous occupation;
• earnings;
• education;
• training;
• work history;
• physical restrictions;
• cognitive restrictions; and
• potential alternative employment.

Vocational and economic experts may become important.

What If a Family Member Must Care for Me?

Catastrophic injuries often affect entire families.

An injured person may require help with:

• bathing;
• dressing;
• transportation;
• medication;
• meals;
• mobility; and
• medical appointments.

Future assistance should be evaluated carefully when the injury permanently affects independence.

What Evidence Is Important?

Evidence depends on how the injury occurred.

Potential evidence includes:

• accident photographs;
• surveillance video;
• vehicle data;
• trucking records;
• workplace records;
• equipment;
• maintenance records;
• medical records;
• witness statements; and
• expert analysis.

What Damages May Be Recoverable?

Louisiana Civil Code Article 2315 provides the general rule that fault causing damage creates an obligation to repair that damage.

Depending on the circumstances, damages may include:

• past medical expenses;
• future medical expenses;
• lost income;
• diminished earning capacity;
• rehabilitation;
• permanent impairment; and
• other legally recoverable damages.

Why Should Future Damages Be Evaluated Carefully?

A settlement resolves a claim.

If someone with a permanent spinal injury later needs additional equipment, treatment, or care, the responsible party does not necessarily reopen a settled case and pay more.

That is why serious future needs should be understood before resolving a catastrophic injury claim.

What If the Injury Eventually Causes Death?

Louisiana law separately recognizes survival and wrongful-death actions in qualifying circumstances. The state’s current statutes identify categories of persons who may pursue those claims and establish specific prescriptive periods.

Jacqueline Scott & Associates Handles Catastrophic Injury Cases

A catastrophic injury claim should answer a much larger question than:

How much are the medical bills today?

The real questions include:

What medical treatment will this person need for the rest of their life?

Can they return to work?

Will they require assistance?

Will they need additional surgery?

How has their independence changed?

Who caused the injury?

What insurance or other resources are legally available?

If another person or company caused a catastrophic injury, call Jacqueline Scott & Associates at (318) 746-5997.

Make ’Em Pay.

Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This page provides general educational information and is not legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.