Catastrophic Injury Attorney

The Ultimate Guide to Catastrophic Injury Lawsuits

 

What is a Catastrophic Injury?

Catastrophic injuries are severe and life-altering physical traumas that prevent a person from returning to work or living a normal life. These devastating injuries typically require long hospital stays and rehabilitation, and result in permanent impairments.

Catastrophic injuries profoundly impact not just the injured person but their loved ones as well.

In this guide, we will define catastrophic injuries, outline the most common types, explain typical causes, describe the consequences, and provide guidance on seeking compensation through personal injury claims.

A catastrophic injury is a severe injury that has a significant impact on the victim’s life. Such injuries can result in long-term medical complications, permanent disability, long-term care, and a reduced quality of life. Catastrophic injuries can be physical or psychological, and they often require extensive medical care and long-term rehabilitation. At Talbot, Carmouche & Marcello, we can help you determine if you have a catastrophic injury and decide what to do next.

Common Types of Catastrophic Injuries

Many types of severe trauma can result in catastrophic injury. Some of the most common include:

Amputations

Amputation refers to the traumatic removal or loss of a limb. This may involve an arm, leg, hand, foot, multiple extremities, or partial amputations. Amputations cause permanent disability and loss of mobility.

Brain Injuries

A catastrophic brain injury involves damage to the brain from an external physical force. This type of traumatic brain injury (TBI) can result in cognitive deficits, changes in personality and behavior, loss of motor skills, and more. Even mild TBIs can lead to disabling post-concussion syndrome.

Spinal Cord Injuries

A spinal cord injury usually involves vertebrae damage that harms nerve pathways in the spinal cord. This can cause paralysis below the injury site, loss of sensation, bladder or bowel dysfunction, and other permanent effects.

Organ Damage

Injury to major organs like the heart, lungs, liver, or kidneys can be catastrophic. Organ damage may require risky transplants and leave organs vulnerable to failure.

Paralysis

Paralysis results in complete loss of muscle function and sensation in parts of the body or limbs. Forms of paralysis like quadriplegia (paralysis of all four limbs) profoundly impact mobility and independence.

Vision Loss

Partial or complete vision loss is considered catastrophic, as it radically alters mobility and functioning. Severe eye injuries, optic nerve damage, or certain diseases can cause permanent blindness.

Loss of Memory

Memory loss from brain damage interferes with a person’s ability to form new memories. This impairs independence, relationships, and work capacity.

Inability to Speak

Cognitive or physical injuries can sometimes make speech difficult or even impossible. Losing the ability to speak significantly impacts the ability to communicate and quality of life.

Coma

A coma is a prolonged state of deep unconsciousness caused by serious injury or illness. It may last weeks or months, or be permanent. Comas often cause long-term cognitive damage.

As this overview shows, catastrophic injuries encompass a diverse range of trauma, from amputations and paralysis to organ damage and memory loss. What all these injuries share is their life-altering severity and permanent impact.

How Catastrophic Injuries Happen

Catastrophic injuries generally do not occur under normal circumstances. These severe traumas are usually the result of significant accidents, assaults, or medical emergencies.

Some of the leading causes of catastrophic injuries include:

Motor Vehicle Accidents

Car crashes are a common cause of spinal cord injuries, brain trauma, amputations, organ damage, and other catastrophic harm. High-speed collisions put drivers and passengers at the greatest risk.

Workplace Accidents

Dangers like heavy machinery falls, electrical hazards, and trench collapse can lead to catastrophic injuries. Workers in construction, manufacturing, and agriculture may be most vulnerable.

Medical Malpractice

Doctor negligence during treatment, surgery, childbirth, or medication management can sometimes severely injure patients. Damaged organs, amputations, and comas may result from malpractice or negligence.

Violent Crimes

Gunshots, stabbings, beatings, and other violent assaults often inflict catastrophic wounds. Brain and spinal injuries are common in these criminal attacks.

Sports Injuries

The high speeds and physical impacts of sports like football, hockey, skiing, and car racing frequently cause head/spine trauma and other harm.

Military Combat

The weapons and hazardous conditions of war expose soldiers to elevated risks of losing limbs, suffering TBIs, blindness, disfigurement, and more.

Severe Falls

Falls from heights on ladders, roofs, cliffs, bridges, or construction sites often result in catastrophic spinal cord and brain injuries.

In many cases, catastrophic injuries result from scenarios where appropriate safety precautions were not in place. Negligence by another party frequently plays a role.

When a catastrophic injury is at the fault of another party, there may be an opportunity for a personal injury lawsuit.

Consequences of Living with a Catastrophic Injury

Surviving a catastrophic trauma is the first major hurdle. The arduous process of recovery and adapting to profound disability comes next.

Depending on the injury, typical consequences of a catastrophic impairment may include:

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Permanent loss of physical or cognitive function

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Inability to continue working in the previous occupation or at all

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Loss of independence in self-care, mobility, and daily tasks

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Need for 24/7 nursing care or support services

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Ongoing medical treatment and rehabilitation

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Hospitalization risks from secondary complications

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Extensive home or vehicle modifications to accommodate a disability

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Depression, anxiety, and other mental health struggles

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Isolation and strain on family relationships

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Reduced life expectancy in some cases

The injured person’s life is divided into “before” and “after.” Activities, mobility, and prospects for the future are permanently altered. Loved ones may need to take on caregiving roles.

Some catastrophically injured patients describe struggling between gratitude for survival and grief for what’s been lost.

Personal Injury Lawsuits

After a catastrophic accident like a car crash or workplace injury, filing a personal injury lawsuit against the responsible party can secure compensation for losses. If negligence or wrongdoing caused the trauma, the at-fault driver, employer, property owner, or other defendant may owe damages.

To prove a case in court and win compensation, an experienced personal injury attorney must establish:

  • Defendant owed a duty of reasonable care to the plaintiff
  • Defendant breached this duty through negligence
  • Plaintiff suffered a catastrophic injury
  • Negligence directly caused the plaintiff’s damages

Successful suits can recover current and future medical expenses, rehabilitation costs, income lost due to disability, modifications for accessibility, and more. Additional money may be awarded for pain and suffering. Our experienced attorneys can determine the total value of a claim.

Workers Compensation Benefits

Workers’ compensation provides medical, rehabilitation, and wage replacement benefits for people catastrophically injured on the job. These no-fault programs cover employees regardless of what party caused the accident. However, workers’ compensation only reimburses certain losses and caps benefits.

Health Insurance and Disability Insurance

Private insurance policies like health insurance and disability insurance can defray medical expenses, replace lost income, and offset other costs from a catastrophic injury. Long-term disability plans are particularly valuable.

Social Security Disability Programs

Those whose disabilities make gainful employment unlikely may qualify for financial and healthcare aid through Social Security Disability Insurance or Supplemental Security Income. Eligible applicants can access monthly income, Medicaid, and other support.

Other Legal Claims

In certain catastrophic injury cases, other civil lawsuits like medical malpractice claims may be warranted against negligent parties like doctors, hospitals, nursing homes, and more. Our experienced personal injury attorneys can advise on all legal options.

Victims of Violent Crimes Funds

Victims of violent assaults may secure compensation through special state-run funds, such as the Louisiana Crime Victims Reparations Fund. These programs help cover medical costs, lost wages, rehabilitation, and more for qualifying victims injured by crime.

Accountability

Catastrophic injuries like amputations, paralysis, severe brain trauma, blindness, and third-degree burns irrevocably change lives. The physical, emotional, and financial toll is immense.

While compensation can support survivors with significant costs, the true extent of suffering can never be quantified. No amount of money restores what’s been taken away.

Compassionate Legal Advice

At Talbot, Carmouche & Marcello, we advocate fiercely for those whose lives have been impacted by these devastating traumas.

Most importantly, we surround survivors and their families with compassion and humanity. While we cannot undo the damage done, we can seek fair compensation. Our dedicated legal team will ensure that our clients will not face these tragedies alone.

How It Works

Instructing us to represent you in a Louisiana lawsuit is simple. Here’s how it works:

Step One: Contact a Catastrophic Injury Attorney

The first step is to contact an attorney. At Talbot, Carmouche & Marcello, we offer free consultations to discuss your case and determine the best course of action. When you contact us, please put together as much information as you can regarding your claim.

Step Two: We’ll Tackle Your Case

Once we have reviewed the information you provide to determine whether you have a valid claim, we will begin building your case. This can include talking to your doctors, interviewing witnesses, gathering evidence like photographs and receipts, and more.

Step Three: Focus on Receiving Care

When you have suffered a catastrophic injury, the sooner you receive care, the better your long-term outcome. That’s why it’s so important to seek excellent legal advice. With us on your side, you can focus on getting better while we handle your legal matters.

Why Choose Talbot, Carmouche & Marcello?

With more than 50 years of experience as personal injury lawyers in Louisiana and more than $3 billion in settlements and verdicts recovered for our clients, the team at Talbot, Carmouche & Marcello is ready to fight for you as our client.

Schedule a Consultation With a Personal Injury Attorney Today

If you believe that you have sustained a catastrophic injury, you may want legal advice to determine your next steps. Contact us today to schedule a no-obligation consultation with a catastrophic injury attorney.

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