What is an Incapacitating Injury?

Even a minor car accident can lead to bumps and bruises, however, more serious collisions may result in an incapacitating injury.

In short, an incapacitating injury is one that leaves an accident victim unable to perform normal, simple daily tasks.

Boulton Law Group has represented several clients throughout Indiana who have sustained an incapacitating injury as a result of a car, truck, or motorcycle accident. In many instances, the incapacitating injury prevented these clients from returning to their job or school, sometimes for an extended period of time.

To better understand incapacitating injuries, attorney Matt Boulton has put together this blog based on his 25+ years of handling these types of cases.

What is an Incapacitating Injury?

An incapacitating injury is a non-fatal, severe injury that leaves an accident victim unable to perform their normal pre-accident activities, such as walking, talking, and other basic functions.

Accident victims who sustain incapacitating injuries typically require immediate emergency care and are unable to leave the scene of an accident under their own power. And while a majority of incapacitating injuries are visible, this may not always be the case, as some accident victims may sustain internal injuries, which are not immediately detected.

In the event that an accident victim “thinks” they are ok, it is still important to seek immediate medical care. Often times, adrenaline accompanies a traumatic event such as a car accident, and this can temporarily mask or hide the symptoms of a serious injury.

Specifically, in the context of a car accident, if an investigating officer is able to identify an incapacitating injury, they will note this on the official Indiana accident report, such as below:

In this particular case, Matt’s client suffered a broken arm and was taken directly to a local area hospital by ambulance.

Examples of Incapacitating Injuries

Broken Bones – One of the most common types of incapacitating injuries, a broken bone can leave an accident victim unable to move one or more limbs, or in more serious cases, involve a bone protruding through the skin, resulting in a compound fracture.

Severe Lacerations – Incapacitating lacerations or cuts from an auto accident are often caused by broken glass, contact with metals, or blunt force impacts.

Head Injuries – If a victim is unconscious or has visible head trauma, investigating officers may note an incapacitating head injury. However, keep in mind that traumatic brain injuries (TBIs) are not always visible, and may be diagnosed later by an emergency room doctor or physician.

Spine Injuries – Loss of sensation in one or more limbs and/or the inability to move may indicate a spinal cord injury, thus constituting an incapacitating injury.

Loss of Limb – Severe accidents may result in the partial or complete loss of limb or other body part, such as one or more fingers.

Other Visible Trauma – An injury or condition that indicates serious distress and the need for emergency medical treatment may qualify as an incapacitating injury, especially if that person is unable to perform basic tasks that they were able to prior to the accident.

Causes of Incapacitating Injuries

These types of injuries can be caused by any number of events; however, Boulton Law Group focuses specifically on helping victims of incapacitating injuries that were the result of an accident caused by negligence, such as:

• Car accidents
• Semi-truck accidents
• Motorcycle accidents
• Workplace accidents
• Construction site accidents
• Premise liability accidents
• Dog attacks
• Bicycle accidents
• Pedestrian accidents

Depending on the circumstances surrounding a person’s specific accident, a lawsuit may be needed to help pay for medical bills, lost wages, pain and suffering, as well as any future care.

In many instances, these cases involve Hoosiers who simply want to focus on returning to maximum health without having to deal with insurance companies, while also ensuring that they are fully compensated under Indiana law.

About Boulton Law Group

Founded by attorney Matt Boulton, the Boulton Law Group has become a recognized leader in Indiana personal injury law and is sought after by clients throughout the entire Hoosier state.

Matt’s 25+ years of experience focuses specifically on Indiana accident law, including cases that involve incapacitating injuries. His success in handling these cases is only matched by his attention to client service. Each case is assigned a unique strategy, and each client Gets Treated Like Family.

By hiring an experienced Indiana personal injury attorney, victims of incapacitating injuries not only ensure their legal rights are protected, but they also increase the likelihood their case will be properly navigated through the personal injury claim process, so they receive maximum compensation.

Boulton Law Group offers accident victims a Zero Fee Guarantee, meaning you will never pay for a legal review, and you owe the firm absolutely nothing until a recovery is made on your behalf.

If you wish to have Matt review your potential case, you can reach us by using the firm’s confidential, free contact form.

As always, please take care, wherever you are.