A catastrophic injury often reshapes daily life in unexpected ways. Between the pain, medical appointments, and financial worries, it’s easy to feel lost about what to do next. One of the biggest questions injury victims face is whether to settle or take their case to trial.
Understanding Catastrophic Injuries
A “catastrophic injury” causes long-term or permanent damage—such as brain injuries, spinal cord injuries, severe burns, or paralysis. These injuries often lead to a lifetime of medical care, rehabilitation, and emotional challenges.
In Louisiana, victims of catastrophic injuries have the right to seek compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
Because these cases involve significant damages and complex evidence, the decision between settlement and trial carries real consequences.
What Does a Settlement Mean?
A settlement is when both sides agree to resolve the case without going to court. It often involves the insurance company offering a lump-sum payment in exchange for ending the claim.
Benefits of Settling
- Faster resolution: Settlements typically close months or even years sooner than trials.
- Predictable outcomes: You know the compensation amount before agreeing.
- Lower stress: Avoids court hearings, testimony, and ongoing delays.
- Privacy: Settlement details are usually confidential.
However, settlements also mean you give up your right to a trial, and sometimes, insurance companies offer less than what your case is truly worth.
When Going to Trial Might Be the Right Move
A trial happens when the insurance company or at-fault party refuses to make a fair offer, and your attorney believes a jury could award higher compensation.
Why You Might Consider a Trial
- Low settlement offers: If the insurer undervalues your losses.
- Severe or permanent injuries: Catastrophic injuries often justify substantial damages that may exceed initial offers.
- Disputed fault: If the other side refuses to accept responsibility.
What to Expect in a Trial
Trials can take months or even years to resolve. Both sides present evidence, witnesses, and expert testimony. A judge or jury then decides liability and the compensation amount.
While trials take longer, they can sometimes lead to larger verdicts, especially when the evidence is strong and the injury has a lasting impact.
Louisiana-Specific Factors That Affect Your Case
If your catastrophic injury happened in Louisiana, several local laws will shape your decision:
- Comparative fault: Under Louisiana law (La. Civ. Code Art. 2323), if you’re found partially at fault, your compensation is reduced by that percentage.
- Statute of limitations: As of July 1, 2024, you generally have two years from the date of your accident to file a personal injury lawsuit (Acts 423 & 748, 2024 Regular Session).
- Insurance tactics: Louisiana insurers often push for quick settlements before full medical recovery to minimize payouts.
These factors make it essential to consult with an attorney early, before signing any settlement papers.
How Tonry & Giraud Helps Clients Make the Right Choice
Navigating catastrophic injury cases involves careful evaluation of:
- Medical evidence and expert opinions
- Long-term care needs and projected costs
- Insurance policy limits and liability coverage
- Jury trends in the area
At Tonry & Giraud, your attorney will analyze the strengths of your case and help you decide whether settling or proceeding to trial is in your best interest. Every step is designed to protect your future—financially and emotionally.
Deciding What’s Right for You
The truth is, there’s no single “best” choice between settlement and trial. Each catastrophic injury case in Louisiana is different. What matters most is having the right legal guidance and understanding the potential outcomes of both paths.
Before you decide, make sure you:
- Get a full case evaluation from an experienced injury attorney
- Understand the long-term costs of your medical and personal needs
- Don’t sign anything from an insurance company without legal review
Talk to Tonry & Giraud Today
You don’t have to face this decision alone. Whether you’re leaning toward settlement or trial, the team at Tonry & Giraud can walk you through every option and protect your right to fair compensation.
Schedule your free consultation with us today or call (504) 470-0738. Let’s take the next step toward your recovery—together.