Defining Incapacitation in McKinney Catastrophic Injury Cases

A catastrophic injury is a long-term or permanent trauma to an individual, primarily to the neck, brain, and spinal cord, as well as severe burns. While that core definition is rarely in dispute, what may be more important to a person’s recovery is how severe their incapacitation is and how long it is expected to continue.

Defining incapacitation in McKinney catastrophic injury cases is a crucial aspect of pursuing positive results in these claims. Without the assistance of an experienced traumatic injury attorney, demonstrating incapacitation by yourself may be difficult, and more importantly, it may cause you to miss out on much-needed compensation.  The value of your claim is very often what your lawyer can make the value of your claim.  The insurance company and their lawyers will never help you in this regard.

Understanding Incapacitation

The definition of “incapacitation” can vary depending on the circumstances. Something that is incapacitating to one person might not be to another. Many times that has to do with individual functions—what someone does on a day-to-day basis, and how they do those things.

A small injury to a person’s hands might cause some discomfort and be a relatively minor case if somebody is out of commission for a few months with a hand injury—unless, for instance, they are a dentist. Then, it is going to be incapacitating because a few months can wreck their entire practice. Patients might leave and go to other dentists if they cannot be taken care of, so the long-term effect can be devastating.

Defining “incapacitation” in McKinney catastrophic injury cases depends upon each situation. That is one of the reasons why a law firm must take the time to get to know who an injured person is and how these injuries have truly affected them, so they can determine whether it is something that has long-term incapacitating effects for them.

What Is the Spectrum of Incapacitation?

The spectrum of incapacitation runs from severe impairment for a short period with no long-term impairment, to long-term impairment that is severe for a person’s entire life. They could alternatively have an impairment that is minor and lasts for a long time, which can be irritating. Those types of injuries can be valuable injuries in terms of recoverable damages, but the more severe ones are those that prevent function for a long time.

The matter of incapacitation in McKinney catastrophic accident claims comes down to, “Is this an injury that is going to have terrible, long-term effects, or is this something that this person is going to be able to recover from after a few weeks or months?” The answer to that question depends upon the person.

Usually, the line is drawn based on the function that the person has. For example, a traumatic brain injury, if it is long-lasting, is going to affect everybody. However, a short-term TBI can be devastating for some people and not to others.

Discuss Incapacitation and Catastrophic Injuries with a McKinney Attorney

Figuring out how to approach a catastrophic injury case can be tough under any circumstances. However, it could be impossible if you cannot define the degrees to which your injury incapacitates you, or how long that incapacitation is expected to last. Without being able to make assertions about what financial recovery should account for and present evidence to back up those assertions, your case may have low odds of succeeding. Call a catastrophic injury lawyer today to make sure you can accurately define incapacitation in your McKinney catastrophic injury case.

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Mary Thompson
Mary Thompson
20:51 25 Feb 20
From the very first meeting with the McCraw Law Group we were treated with respect and care. They were so helpful is... trying to speed things up. We all know that when you have a lawsuit against some one there will be problems. This group of lawyers were very attentive and knew how to get what we needed. I will call them again if anything comes up that I need a lawyer.read more
Michael Taylor
Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
Justin Hansen
Justin Hansen
12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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