There are plenty of qualified attorneys in St. Tammany Parish who handle catastrophic injury cases. You are doing your research, which means something has happened. Something serious enough to consider legal counsel. No one reads lawyer websites until they need one.
Our clients came to us after suffering injuries that changed the course of their lives. This page explains what catastrophic injuries are, how Louisiana law applies to these claims, and what Morris & Dewett offers. Read it. Compare us to other firms. Make the decision that is right for your situation.
What Is a Catastrophic Injury?
Catastrophic injury refers to an irreversible physical injury or illness that prevents you from earning a living. While many injuries can be debilitating and keep people out of work, catastrophic injuries are permanently disabling and deeply life-altering.
As such, catastrophic injuries often impact the abilities to live independently, take care of yourself, and enjoy the same quality of life as before the injury-causing event. Here is a closer look at the most common types of catastrophic injuries.
Traumatic Brain Injury (TBI)
Traumatic brain injury is a form of brain damage caused by an external force or object shaking, hitting, or penetrating the head. Every day in the U.S., about 620 people are hospitalized due to TBIs, and about 166 Americans die from TBI complications (source: CDC). In mild forms, TBIs are known as concussions. Even mild TBIs can cause lasting damage that gets worse with subsequent concussions. When TBIs are severe, they can be disabling on several levels, causing:
- Speaking difficulties, memory problems, and other cognitive disabilities
- Balancing and coordination problems, vision and hearing impairments, and other physical disabilities
- Anxiety, mood swings, aggression, and other psychological impacts
While TBIs can be difficult to diagnose in their early stages due to latent and generic symptoms, the most serious traumatic brain injuries can be fatal.
Spinal Cord Injury (SCI)
Spinal cord injury (SCI) can occur when any type of trauma damages or severs the spinal cord. Incomplete SCIs allow for some function and sensation below the point of injury. Complete spinal cord injury does not.
About 17,900 new spinal cord injuries are diagnosed each year in the U.S., and 1 in 3 people with SCIs can expect multiple hospitalizations within any given year (source: NSCSC). In the most serious cases of severe SCI, the injured can end up with:
- Tetraplegia or quadriplegia, impacting the arms and legs and potentially the neck, shoulders, and head
- Triplegia, impacting one arm and the lower body
- Paraplegia, affecting the legs and lower body
Other Physical Injuries
Along with TBI and SCI, other types of catastrophic injuries can include:
- Vision and hearing loss
- Loss of limbs
- Burn injuries
- Severe bone fractures
No matter what region of the body a catastrophic injury affects, it will leave survivors with lifelong disabilities that can be disfiguring and painful, both physically and emotionally. People with catastrophic injuries often require expensive medical care, equipment, and therapies to adjust to their new limitations. In some cases, they lose the ability to live independently.
Leading Causes of Catastrophic Injury
Various accidents, events, and exposures can cause catastrophic injuries. Many of these injuries result from negligence, meaning someone else's failure to act with reasonable care. When that is the case, here are the most common incidents involved.
Motor Vehicle Accidents
Traffic wrecks are a leading cause of TBIs, spinal cord injuries, and many other catastrophic injuries. This includes car accidents and 18-wheeler crashes, as well as pedestrian, motorcycle, and bus wrecks. About 94% of the time, motor vehicle accidents result from avoidable human errors, like driver performance problems or impairment (source: NHTSA).
Catastrophic injuries from auto accidents are most likely to occur in:
- High-speed collisions
- Head-on collisions
- Rollovers
- 18-wheeler accidents
- Pedestrian accidents
- Motorcycle accidents
Dangerous and Defective Products
Toxic, faulty, and unsafe products can cause catastrophic injuries in any number of ways. Some examples include:
- Consumer products exploding or catching fire: Over the past decade, pressure cookers, electric blankets, and hoverboards are among items that have made headlines for exploding or catching fire.
- Toxic exposures through consumer products: Manufacturers may fail to properly contain, test for, or warn about toxic substances in their products. Asbestos in baby powder is one example of this type of claim that has reached federal courts.
- Defective industrial equipment: Heavy machinery and vehicles can carry design flaws and problems caused by manufacturing or maintenance failures. When this equipment fails, anyone nearby can be at risk of catastrophic injury.
Unsafe Premises
The premises you visit in your daily life may hold hidden dangers. Some examples include:
- Poor lighting
- Missing or broken stairway railings or rungs
- Slippery or uneven floors and sidewalks
- Floors cluttered with debris
- Security failures, such as broken locks and windows
Work Accidents
Some jobs carry higher catastrophic injury risk than others. Hazardous environments, heavy machinery, and long hours raise the risk of serious injury on the job. Occupations with the highest injury rates include (source: Bureau of Labor Statistics):
- Fishermen
- Loggers
- Roofers
- Construction workers
- Oil field workers
- Truck drivers
Do I Have a Catastrophic Injury Claim?
Several questions determine whether you have a viable claim. Key issues include: Who was liable for the accident? What type of claim applies? Has the prescriptive period, which is the legal deadline for filing in Louisiana, expired?
Talking to a Covington catastrophic injury attorney is the most direct way to get an answer.
Even if you think you may have been partly at fault, or if the accident happened some time ago, you could still have a claim. Louisiana follows comparative fault rules, which means the law allows injury victims to pursue compensation even when they share some responsibility for an accident. Your recovery may be reduced by your percentage of fault, but a claim is not automatically barred. A lawyer can review the facts and let you know what options remain.
When Should I Contact a Lawyer?
Contact a lawyer as soon as possible after a catastrophic injury. Delays increase the risk of lost evidence, unavailable witnesses, and missed filing deadlines. Early involvement by an attorney protects the integrity of your claim.
How Catastrophic Injury Cases Work
The type of accident that caused the injury determines how a catastrophic injury claim proceeds. A consultation with a Covington catastrophic injury lawyer at Morris & Dewett can answer this question for your specific situation. Consultations are confidential and carry no obligation.
How Much Is Catastrophic Injury Compensation?
Compensation in catastrophic injury cases depends on case-specific factors, including the severity of injuries and how liability is allocated.
In Covington and throughout Louisiana, traffic crash victims can file claims for compensation even if they shared some portion of liability for the accident. Successful claims can produce recoveries for medical expenses, lost income, and other damages.
Compensation does not erase a catastrophic injury. It can, however, address financial losses and provide resources for ongoing care.
Frequently Asked Questions
- Q: What is a catastrophic injury?
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Catastrophic injury refers to an irreversible physical injury or illness that permanently prevents you from earning a living. Unlike injuries that are temporarily disabling, catastrophic injuries cause permanent disability and can affect your ability to live independently and maintain your prior quality of life.
- Q: What are the most common causes of catastrophic injury?
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Motor vehicle accidents are a leading cause, including car wrecks, 18-wheeler crashes, motorcycle accidents, and pedestrian accidents. Other common causes include defective or dangerous products, unsafe premises, and workplace accidents in high-risk industries.
- Q: Do I have a catastrophic injury claim?
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Whether you have a claim depends on several factors: who was liable for the accident, what type of claim applies, and whether the prescriptive period (Louisiana's legal filing deadline) has expired. Even partial fault or a delayed discovery of the injury does not automatically eliminate a claim. A lawyer can review the facts and advise you on what options remain.
- Q: When should I contact a catastrophic injury lawyer?
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Contact a lawyer as soon as possible. Early involvement protects evidence, secures witnesses, and ensures that filing deadlines are not missed. Waiting increases the risk that important information is lost.
- Q: How do catastrophic injury cases work?
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The process depends on the type of accident involved. A consultation with a Morris & Dewett attorney can explain how your specific claim would proceed. Consultations are confidential and carry no obligation.
- Q: How much compensation is available in a catastrophic injury case?
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Compensation amounts depend on the severity of the injuries, the damages incurred, and how liability is allocated. Under Louisiana's comparative fault rules, injury victims can recover compensation even if they shared some responsibility for the accident. Your recovery is reduced by your percentage of fault, but it is not eliminated. Successful claims can produce recoveries for medical expenses, lost income, and other documented losses.
These answers reflect Louisiana law as of . For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.