Posted in Personal Injury on July 21, 2025
Accidents in Texas have the potential to cause all manner of injuries, from minor harm to severe damage. An incapacitating injury is one that, while not fatal, will interfere with the victim’s normal bodily function. If an individual is able to recover from an incapacitating injury, he or she will likely have a partial or total disability. It’s important to recognize an incapacitating injury for what it is to claim fair financial compensation in a San Antonio personal injury case.
Defining “Incapacitating Injury”
In personal injury law, an incapacitating injury is a severe bodily injury that impedes an individual’s ability to engage in normal activities. It is also known as a catastrophic injury. Normal activities can include walking, running, driving, earning a living, favorite hobbies, time spent with family and loved ones, and daily tasks that allow the person to live independently.
Examples of Incapacitating or Catastrophic Injuries
Incapacitating injuries are generally immediately apparent at the scene of an accident in Texas. The victim may show obvious signs of an injury, such as a crushed or misshapen limb, the inability to move, heavy bleeding, or loss of consciousness. These injuries require immediate emergency medical treatment. Examples of incapacitating injuries include:
- Multiple bone fractures
- Traumatic brain injuries
- Neck injuries
- Spinal cord injuries
- Nerve damage or paralysis
- Hearing or vision damage
- Amputations or loss of limb
- Internal or abdominal injuries
- Organ damage or loss of organ function
- Significant loss of an important bodily function
- Severe burns or lacerations
- Permanent scarring or disfigurement
Incapacitating injuries can cause long-term or permanent cognitive and physical disabilities. Any injury that prevents an individual from performing the tasks he or she could perform prior to the incident is defined as “incapacitating.”
How Does Severity of Injury Impact a Personal Injury Case?
While a personal injury claim could be filed against a careless or reckless party for causing any type or severity of injury in Texas, it is especially important for a victim who has been incapacitated by an accident to seek justice by taking legal action. Catastrophic injuries tend to translate into significant expenses and losses for a victim, such as:
- Existing and future foreseeable medical care
- Surgeries and visits with specialists
- Physical therapy and rehabilitation
- Live-in or around-the-clock care
- Mental health counseling or psychiatric care
- Lost wages and employment benefits
- Diminished capacity to earn a living
- Loss of consortium
- Loss of quality or enjoyment of life
- Significant pain, suffering and emotional distress
As a result of suffering greater losses, incapacitating injury claims in Texas generally result in higher settlements and judgment awards than minor injury claims. This is to try to make the victim whole again and make it possible for him or her to pay for the full costs of the injury.
The Importance of Hiring an Attorney for an Incapacitating Injury Claim
While you can likely benefit from hiring an attorney for any personal injury case in Texas, it becomes necessary to retain a lawyer if you or a loved one suffered an injury that is considered catastrophic, disabling or incapacitating. This is because an insurance company will most likely try to take advantage of you and convince you to settle for less than you deserve for your significant injury. To find out how an attorney can help you recover full financial compensation for an incapacitating injury, contact Maloney & Campolo for a free legal consultation.