
Serious Injury Cases We Handle
Some injuries heal with treatment and time. Others permanently change what a person can do, how they earn a living, or the level of care they will need.
Serious injury claims require a careful evaluation of both the immediate harm and the consequences that may continue for years to come.
A traumatic brain injury can occur when the head is struck, when the brain moves violently inside the skull, or when an injury interrupts the brain's normal function.
Not every brain injury is immediately obvious. A person may initially appear physically well while experiencing headaches, dizziness, memory problems, difficulty concentrating, mood or personality changes, sleep disturbances, sensitivity to light or sound, or problems with balance and coordination.
More severe brain injuries can affect speech, movement, cognition, behavior, and a person's ability to live independently.
These cases may require more than documentation of the initial diagnosis. Neurological evaluations, imaging, cognitive testing, rehabilitation records, employment history, and testimony about changes in the person's daily functioning can help establish the full impact of the injury.
When symptoms continue over time, an important question becomes not simply what happened to the brain, but what the injury has changed about the person's life.
What Louisiana Law Means for a Personal Injury Claim
Personal injury law covers many different circumstances, but most claims begin with the same fundamental question: Did another person's or company's fault cause the injury?
Louisiana Civil Code Article 2315 establishes the basic principle that a person whose fault causes damage to another is obligated to repair that damage. From there, the specific facts determine who may be responsible and what damages may be recoverable.
Several current Louisiana rules can have a significant effect on an injury claim.
For most delictual actions arising under current law, Louisiana Civil Code Article 3493.1 provides a two-year prescriptive period beginning on the day the injury or damage is sustained. The two-year provision became effective July 1, 2024.
Not every type of injury claim follows the same deadline, however. Medical malpractice, workers' compensation, certain intentional acts, and other specialized claims can be governed by different rules.
The safest approach is not to assume that every injury gives someone two years to act.
There are also practical reasons to investigate a claim well before the legal deadline. Physical evidence can disappear, surveillance footage can be erased, witnesses can become difficult to locate, and important records may become harder to obtain over time.
Who Can Be Held Responsible for a Serious Injury?
Responsibility depends on what caused the injury.
In some cases, one person's negligence is the primary issue. In others, several individuals or businesses may have contributed to the same event.
Depending on the circumstances, potentially responsible parties can include:
Individuals whose negligent actions caused an injury
Businesses responsible for unsafe conduct or conditions
Property owners or operators
Employers responsible for the actions of employees
Companies responsible for dangerous equipment or products
Contractors or maintenance providers
Institutions responsible for supervision or safety
Other parties whose conduct contributed to the injury
Identifying the correct parties matters because it can affect the evidence required, the legal theories involved, and the insurance or other resources available to compensate the injured person.
What Compensation Can Be Recovered in a Personal Injury Case?
There is no fixed value for a serious injury claim.
Two people with similar diagnoses can experience very different consequences depending on their age, occupation, recovery, future medical needs, and ability to return to the life they had before the injury.
Depending on the circumstances, damages may include:
Past medical expenses
Future medical care
Rehabilitation and therapy
Lost wages
Loss of future earning capacity
Physical pain and suffering
Mental and emotional suffering
Disability and physical limitations
Scarring or disfigurement
Loss of enjoyment of life
Loss of consortium
Other losses recognized under Louisiana law
Catastrophic injury cases may also require consideration of costs that extend far into the future, such as assistive equipment, home modifications, ongoing therapy, personal care, or other needs associated with permanent disability.
The goal is to evaluate the full effect of the injury, rather than treating the claim as a total of the medical bills accumulated to date.
Louisiana Wrongful Death and Survival Claims
Wrongful death cases deserve additional explanation because Louisiana treats a wrongful death action and a survival action as distinct claims.
Under Louisiana Civil Code Article 2315.2, certain surviving family members may bring an action when a person dies because of another party's fault.
The claim concerns losses experienced by eligible survivors because of the death. Depending on the circumstances, those losses can include financial support and services the deceased would have provided, funeral expenses, loss of companionship, and other recoverable damages.
What to Do After a Serious Injury
The steps available after an injury depend on the circumstances, but protecting your health and preserving information are important in almost every case.
If possible:
Get appropriate medical care. Some serious conditions, particularly brain and internal injuries, may not be fully apparent immediately.
Report what happened. When applicable, make sure the accident or incident is documented by the appropriate business, property owner, employer, law enforcement agency, or other authority.
Preserve photographs and video. Document the location, conditions, equipment, visible injuries, and anything else that may help explain what occurred.
Keep relevant documents. Medical records, bills, receipts, employment information, correspondence, and other records can become important later.
Identify witnesses. Contact information can be difficult to recover after people leave the scene.
Avoid guessing about what caused the incident. An investigation may reveal information that was not apparent immediately.
Consider legal advice when the injury is serious or responsibility is unclear. Catastrophic injuries can involve substantial future needs and multiple potentially responsible parties.
Results
All settlements and verdicts were handled in partnership with co-counsel trial attorneys.
Ways We Can Support You
Every trial attorney on our team is trained to fight aggressively for your rights. Here's how our team will help throughout the legal process.
Free Case Review
We'll review your claim and explain the best legal options available.
Claim Investigation
Our team gathers evidence and builds a strong case from the start.
Expert Negotiation
We deal directly with insurers to secure the maximum recovery possible.
Court Representation
If a fair settlement isn't possible, we're ready to fight for you at trial.
No-Win, No-Fee
We guarantee that you don't pay us unless we win your case.
Frequently Asked Questions About Personal Injury Claims in Louisiana
Talk to Hair Shunnarah About Your Injury
A serious injury can create questions about medical care, responsibility, insurance, lost income, and what the future may look like.
Hair Shunnarah represents injured people and families throughout Louisiana. If someone else's actions caused you or someone you love serious harm, we can evaluate what happened and explain the options available under Louisiana law.
Free consultation. No attorney fee unless we win your case.