Discovering the intricacies of physical impairment is crucial for individuals navigating legal or medical landscapes. At Baumgartner Law Firm, we cover physical impairment, its definitions, implications, and legal considerations. If you have questions about physical impairment related to a Texas personal injury case, call us at (281) 587-1111.
Defining Physical Impairment
Physical impairment encompasses a spectrum of conditions that hinder an individual’s physical abilities or functioning. It transcends mere inconvenience, often significantly impacting daily life and mobility. From musculoskeletal disorders to neurological conditions, physical impairment manifests in various forms, each presenting unique challenges.
In Texas, physical impairment is determined by a judge or jury for damages to compensate a victim who no longer can do or enjoys doing things they were able to do before the injury.
Impairment is a noneconomic damage element in a personal injury case and must go beyond pain and suffering and a separate loss from lost earning capacity.
Examples of Physical Impairment Damages
We represented a truck driver who was partially paralyzed after an accident. Physical impairment was a large part of the damage award. The list of things the truck driver could no longer do was lengthy, and the crash radically changed his enjoyment of life.
Our client was struck from the rear and required neck surgery. After their surgery, his doctors advised him to refrain from doing many things that he enjoyed doing before the accident. His ability to lift and move freely was forever changed. Physical impairment damages were a large part of his settlement.
Types of Physical Impairment:
1. Musculoskeletal Disorders
Musculoskeletal disorders encompass a range of conditions affecting the muscles, bones, joints, ligaments, and tendons. From arthritis to osteoporosis, these disorders can cause pain, stiffness, and reduced mobility, severely impacting an individual’s quality of life.
2. Neurological Conditions
Neurological conditions, such as spinal cord injuries or traumatic brain injury, can disrupt the intricate network of nerves responsible for transmitting messages between the brain and body. These conditions often result in paralysis, loss of sensation, or impaired motor function, posing significant challenges for affected individuals.
3. Sensory Impairments
Sensory impairments, including vision and hearing loss, profoundly affect an individual’s ability to perceive and interact with the world. Whether congenital or acquired, these impairments require specialized interventions and accommodations to mitigate their impact on daily life.
Proving Physical Impairment
Physical impairment is one of several damage questions that are submitted to a jury in the trial of a personal injury case. The plaintiff or claimant has the burden of proof and must show how the injury impaired their ability to do things they could have done before the accident.
Proof can include witness testimony, video, medical records, or other evidence demonstrating the victim’s limitations.
The Impact on Daily Life
Physical impairment transcends physical limitations, profoundly impacting emotional well-being and social dynamics. Coping with chronic pain, mobility restrictions, or dependency on assistive devices can lead to feelings of isolation, frustration, and diminished self-esteem.
Seeking Support and Resources:
In the face of physical impairment, seeking support and accessing resources is essential for navigating challenges and maximizing independence. From rehabilitation programs to assistive technologies, many resources exist to empower individuals with physical impairments to lead fulfilling lives. Engaging with support groups, advocacy organizations, and healthcare professionals can provide invaluable guidance and support along the journey.
Local Houston Rehabilitation Facilities
Houston Methodist Inpatient Rehabilitation 713-790-3333.
Memorial Herman Inpatient Rehabilitation 800-447-3422
Pam Health Houston Heights 713-814-9100
TIRR 800-44-rehab
Contact Baumgartner Law Firm for Help
Damages for physical impairment are vital in many personal injury lawsuits. At Baumgartner Law Firm, we remain committed to representing individuals affected by physical impairment. If you or a loved one have been seriously injured in an accident caused by another’s negligence or fault, Contact Baumgartner Law Firm today for a free consultation about your rights and options.
Related Resources:
What is Maximum Medical Improvement in Texas?
The Most Common Injuries in Truck Accidents
Mental Anguish Damages in Texas
Baumgartner Law Firm Practice Pages:
About Our Law Firm
Baumgartner Law Firm is a Houston personal injury law firm headed by Greg Baumgartner.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Helping these areas around Houston
Houston, Sugar Land, Conroe, The Woodlands, Cypress, Spring, Humble, Katy, Atascocita, Kingwood and Tomball.