Personal Injury Law Blog

Understanding the distinction between capacitating and incapacitating injuries is crucial in Illinois personal injury cases. Capacitating injuries, though serious, allow the injured party to continue performing daily activities with some limitations. In contrast, incapacitating injuries render the individual unable to carry out basic tasks and often result in long-term or permanent disability. This difference is vital in determining the extent of damages sought in a personal injury claim. Having a skilled Chicago car accident attorney by your side can make a significant difference in the outcome of your case. Contact a Chicago personal injury attorney to help you secure the compensation and justice you rightfully deserve for your injuries. 

Incapacitating Injuries After an Accident

According to the National Highway Traffic Safety Administration (NHTSA), traffic-related fatalities have reached their highest levels in 20 years. In the first quarter of 2022, over 9,500 individuals lost their lives in auto crashes across the United States, marking a 7% increase compared to the same period in 2021. In Illinois alone, there were 280 reported fatalities, with at least 35 occurring in Chicago. These statistics underscore the urgency of addressing road safety issues and implementing effective measures to reduce traffic-related injuries and deaths.

Under Illinois law, an incapacitating injury is defined as one that renders an individual unable to perform substantial gainful activity for a continuous period of at least 12 months or results in significant permanent impairment. 

Examples of Incapacitating Injuries 

Incapacitating injuries encompass a range of severe and lasting impairments that significantly limit an individual’s ability to perform daily activities and maintain gainful employment.

Paraplegia or Quadriplegia

Severe spinal cord injuries resulting in paraplegia (paralysis of the lower body) or quadriplegia (paralysis of all four limbs) can be incapacitating injuries. These injuries often lead to significant permanent impairment, rendering the individual unable to perform substantial gainful activity for an extended period.

Traumatic Brain Injury (TBI) with Cognitive Impairment

A traumatic brain injury (TBI) causing cognitive impairment can also constitute an incapacitating injury. Depending on the severity of the injury, individuals may experience difficulties with memory, attention, reasoning, and other cognitive functions, impacting their ability to perform daily tasks and maintain employment.

Severe Burns with Functional Limitations

Severe burns resulting in disfigurement and functional limitations can qualify as incapacitating injuries. Beyond the physical pain and scarring, these injuries may impair mobility, dexterity, and sensory functions, significantly limiting the individual’s ability to engage in gainful activity and affecting their overall quality of life.

While some subjectivity may be involved in assessing the severity and impact of certain injuries, Illinois law provides specific criteria and legal standards for defining incapacitating injuries. 

Capacitating Injuries in Chicago Accidents

In Illinois, a capacitating injury is defined as an impairment or limitation that significantly affects an individual’s ability to engage in substantial gainful activity but falls short of meeting the threshold for an incapacitating injury. 

Examples of Capacitating Injuries

While there is no specific statutory definition of capacitating injuries in Illinois law, they are generally understood as injuries that impose restrictions or limitations on an individual’s daily activities or employment without rendering them unable to work or function.

Moderate Traumatic Brain Injury (TBI)

A moderate traumatic brain injury may result in cognitive impairments, such as difficulties with memory, concentration, and problem-solving, which can restrict the individual’s ability to perform specific tasks or maintain employment.

Chronic Back Pain with Limitations

Chronic back pain stemming from injuries such as herniated discs or spinal fractures can impose significant limitations on mobility and physical activity, affecting the individual’s capacity to engage in strenuous work or activities requiring prolonged standing or lifting.

Post-Traumatic Stress Disorder (PTSD)

PTSD resulting from a traumatic event, such as a car accident or assault, can lead to emotional and psychological symptoms that interfere with daily functioning and may impact the individual’s ability to work or maintain relationships.

While capacitating injuries may vary in severity and impact, they typically result in some impairment that affects the individual’s quality of life and ability to work or engage in daily activities. 

Establishing The Type of Injuries After a Chicago Car Accident 

Prompt medical treatment is crucial for establishing incapacitating and capacitating injuries accurately. Immediate medical attention allows for timely diagnosis and documentation of injuries, preventing potential complications and ensuring proper treatment. Even seemingly minor injuries could escalate if left untreated, underscoring the importance of early intervention. 

Additionally, seeking prompt medical care establishes a record of care-seeking behavior, which is vital in personal injury claims. Timely medical assessment and documentation provide essential evidence of the severity and impact of the injuries, strengthening the victim’s case for seeking compensation for damages. By prioritizing prompt medical treatment, individuals can protect their health, mitigate the effects of injuries, and lay the groundwork for a successful legal claim if necessary.

Critical Differences Between Incapacitating and Capacitating Injuries in Chicago

Retaining a Chicago attorney is crucial for accurately determining incapacitating versus capacitating injuries in personal injury cases. Chicago attorneys specializing in personal injury law can help you evaluate the severity and long-term implications of your injuries. 

Moreover, an experienced Chicago attorney might have access to a network of medical experts who can provide expert opinions and assessments regarding the nature and extent of the injuries. These experts play a vital role in gathering evidence and documenting the injuries, which is essential for building a solid case. By retaining a Chicago attorney, individuals can confidently navigate the complexities of personal injury law, knowing that they have a dedicated legal advocate fighting for their rights and best interests.

Have You Been Hurt in a Chicago Car Accident?

If you or a loved one recently suffered serious injuries in a Chicago car accident, the dedicated personal injury lawyers at Briskman Briskman & Greenberg are here to help. Since 1987, our attorneys have proudly stood beside accident victims, helping them recover fair compensation for everything they’ve been through. We recognize this is a very challenging time for you and your family, and we strive to make the recovery process as straightforward and efficient as possible. To learn more and to schedule a free consultation with a car accident lawyer in Chicago, give Briskman Briskman & Greenberg a call today at 877-595-4847. You can also connect with us through our secure online contact form.