What is a catastrophic injury?
Louisiana law does not strictly define a catastrophic injury. The term is generally understood to mean a severe, life-altering injury that leaves a person with permanent physical or mental impairment, a significant disability, or a need for long-term medical care.
Because the injuries are so serious and the damages so significant, a catastrophic injury case is very different from a typical personal injury case. We handle every detail of your case with care so you and your family can focus on healing.
Common catastrophic injuries
- Traumatic brain injury (TBI)
- Spinal cord injury and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Loss of vision or hearing
- Multiple fractures requiring extensive reconstruction
Proving a catastrophic injury claim
TODO: attorney to verify the elements as stated.
To succeed, an injured person generally must show:
- Duty of care. The defendant had a legal obligation to act reasonably to prevent harm.
- Breach of duty. The defendant failed to meet that obligation.
- Causation. The breach caused the injury.
- Damages. The injured person suffered measurable losses as a result.
Because of the severity of these injuries, proving causation and damages often requires expert testimony and comprehensive medical records.
Damages in catastrophic injury cases
Catastrophic injury victims may be able to recover 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
Comparative fault and catastrophic injuries
Louisiana follows a comparative fault rule (La. C.C. art. 2323). If an injured person is found partly at fault, their damages are reduced by their percentage of fault. For example, if damages are valued at $100,000 and the injured person is found 30% at fault, the recovery is reduced to $70,000. Under the rule in effect January 1, 2026, a person found 51% or more at fault cannot recover at all.
Because the damages in catastrophic injury cases are so large, even a small percentage of fault can cost a family a great deal. Insurance companies know this and often try to put some or all of the blame on the injured person. We are ready for those tactics, and we handle every part of your case to pursue full compensation.
Why other lawyers bring us their catastrophic injury cases
Other law firms regularly ask our attorneys to join their catastrophic injury cases as co-counsel to help litigate and try them. We have tried many jury trials involving catastrophic injuries, and we work with qualified medical and economic expert witnesses to document the full cost of an injury over a lifetime.
These cases are usually heavily litigated and often require many court appearances. Your livelihood is at stake, and you deserve attorneys with the experience to see your case through.