CATASTROPHIC INJURY

Proving a Louisiana Catastrophic Injury Claim

To succeed in a catastrophic injury claim, a plaintiff must prove:

Duty of Care – The defendant had a legal obligation to act reasonably to prevent harm
Breach of Duty – The defendant failed to uphold this legal obligation
Causation – The breach of duty directly caused the catastrophic injury
Damages – The plaintiff suffered measurable losses due to the breach of duty

Given the severity and extent of the injuries suffered, establishing causation and damages often requires introducing critical evidence such as expert testimony and comprehensive medical records.

Common Examples of Catastrophic Injuries

Traumatic brain injury (TBI)
Spinal cord injury and paralysis
Amputations
Severe burns
Internal organ damage
Loss of sensory functions (vision, hearing)
Multiple fractures requiring extensive reconstruction

Louisiana Statute of Limitations for
Catastrophic Injury Claims

The statute of limitations on personal injury cases in Louisiana was modified and extended from one year to two years on July 1, 2024. If a plaintiff's injury occurred on or after July 1, 2024, they have two years from the date of the injury to file a personal injury claim. If the injury occurred before this date, the plaintiff only has one year to file suit.

Damages Available in Louisiana Catastrophic Injury Cases

Catastrophic injury victims may be entitled to recover damages for:

Past and future medical expenses
Lost wages and diminished earning capacity
Pain and suffering
Mental anguish and emotional distress
Loss of enjoyment of life
Disfigurement or permanent disability
Loss of consortium (for spouses and family members)

Louisiana Comparative Fault Rule

Louisiana follows a comparative fault rule. If a victim is found partly liable for the damages they suffered, the victim's damages are reduced according to their percentage of fault.

For example, if a victim's damages are valued at $100,000 but they are found 30% at fault, their damages would be reduced by $30,000 and they would only be entitled to $70,000.

In catastrophic injury cases, the severity of injuries and amount of damages are often much higher than typical personal injury cases. This means that if a victim is found even partly at fault for the injuries sustained, they could lose tens of thousands of dollars.

Insurance companies are aware of this rule and will commonly try to place full or part of the blame on the victim—even when the victim is nowhere near at fault.

Bateman McDonald Law Firm is familiar with all tactics and knows how to aggressively combat them effectively. We handle every aspect of your case and fight tirelessly to get you the full compensation you deserve.

Why Choose Bateman Law Firm for Catastrophic Injury Cases

The reality is that most lawyers lack experience handling catastrophic injury cases. They will often refer you to a more experienced law firm to take over your representation.

Our attorneys are routinely contacted by other law firms to enroll as co-counsel to assist them with litigating, trying, and handling catastrophic injury cases for their clients.

Bateman McDonald Law Firm works with the best experts in Louisiana to ensure that every single dollar you are entitled to is recovered at the conclusion of the case. We have tried many jury trials involving catastrophic injuries.

Due to the complexities of the medical evidence and the potential for millions of dollars that the insurance company is at risk of losing, these cases are typically heavily litigated and often require numerous courtroom appearances.

You need a law firm with experience litigating and trying catastrophic injury cases. Your livelihood is at stake. It is important that you hire a lawyer who is not only capable but has the expertise needed to obtain full justice for you and your family.

Contact our Louisiana catastrophic injury lawyers for a free consultation.

Unlike some states, Louisiana law does not strictly define catastrophic injuries. They are understood as severe, life-altering injuries resulting in permanent physical or mental impairments, significant disabilities, or the need for long-term medical care.

Pursuing a catastrophic injury claim in Louisiana involves navigating a unique and highly complex legal system rooted in the state's civil law tradition. Due to the severity of the injuries involved and the high value of damages, a catastrophic injury case differs profoundly from a typical personal injury case.

Bateman McDonald Law Firm's unparalleled experience dealing with these types of cases separates us from other firms. You can trust us to handle every detail of your case from beginning to end with extreme care while you focus on healing and recovery.