Haven’t you once in your entire life seen someone suffer an incapacitating injury accident? This brings to mind that there is always one accident report every one minute and seven seconds in Texas, United States. This includes accidents that are not the victim’s fault, but rather someone else’s negligence.
In this scenario, the injury leaves the victim physically and mentally incapable of taking legal action on his/her own. Therefore, a designated representative can file an injury claim on the victim’s behalf. Later on, the claim result will be not only for the injured victim’s losses but also for each family member who was affected by the injury.
What Is Incapacitating Injury in an Accident?
Society commonly defines this type of catastrophic injury as a non-fatal injury that can prevent the victim from performing normally, as simple as daily tasks. In legal lingo, incapacitating means that someone cannot do something that concerns their interests.
You can immediately identify this type of injury at the scene of the crash. These serious injuries include severe cuts, back injuries, or head injuries. However, it has the possibility of turning into a fatal injury if the victim does not receive proper medical treatment as soon as possible.
And so, someone who is suspected of having a serious injury must immediately be rushed to the nearest medical service. In addition, the medical personnel will determine the true severity of the victim’s injury. Fortunately, the victim can pursue justice through a personal injury lawsuit to pursue economic, noneconomic, and punitive damages.
Examples of Incapacitating Injury in an Accident
Since you already get the meaning of incapacitating injury, you should learn about the example as well. If you were in one of the following motor vehicle crashes, it means you technically suffered incapacitating injuries, such as:
- broken bones;
- paralysis;
- neck injuries;
- chest injuries;
- nerve damages;
- traumatic brain injuries;
- skull damages;
- back and spinal cord injuries;
- burns;
- internal bleeding; and
- other types of injuries that prevent someone from carrying out activities that he or she was previously able to do.
The Primary Cause of Incapacitating Injury
The type of incapacitating injury accident that most often occurs is broken bones in motor vehicle crashes, which drives the victim to be temporarily or permanently paralyzed. While any accident has the potential to injure you, here is a list of the most common causes of incapacitating injuries:
- road accidents, both for motor vehicles and pedestrians;
- construction accident;
- medical malpractice;
- fall accident;
- ship accident;
- toxic exposure and chemical objects;
- defective products; and
- animals attack.
Most people file catastrophic injury claims because they suffer lifelong complications or loss of quality of life. Either way, you should seek compensation for your disruption and pain.
Who is Responsible for Incapacitating Injury in an Accident?
Depending on how and where the injury occurred, each injury scenario has different consequences. Take for example in Texas, there is a modified comparative fault system. It means that whoever is found to be at fault for an accident, must be liable for the damage or loss they cause.
They can also compensate victims through their insurance companies or out of their own pockets–this concerns their coverage levels. Each country has its own laws, so you should adapt and contact a lawyer if needed.
The KABCO Scale
The Federal Highway Administration (FHWA) uses this scale to measure how serious accidents between motor vehicles are, as well as their impact on costs. The difference in costs lies in the severity of the accident. So, when an accident involves serious injury or fatality, those costs increase significantly.
5 Codes of the KABCO Scale
If you are a victim who has suffered from an incapacitating injury accident, this scale is to be the key to how much financial compensation you receive. Law enforcement officers divide injuries into five categories (codes) for each letter that makes up this scale. Take a look at the explanation below!
1. Killed (K)
There is someone who died at the scene of the accident or died within 30 days of the accident.
2. Incapacitating Injury (A)
A crash victim allegedly suffered an incapacitating injury in an accident and required transportation, medical care, and hospitalization. Injuries can be seen physically, where it is dreaded that the victim will not be able to carry out their normal activities.
3. Non-Incapacitating Injury (B)
Some injuries are obvious, but non-incapacitating injuries (minor injuries). For instance, bruises, scratches, or abrasions.
4. Possible Injury (C)
An accident victim may suffer injuries. It means that it is not yet clear, but it could be there. This includes the victim’s statement, such as limping and complaining of pain.
5. Not Injured (O)
There were no apparent injuries after checking by law enforcement who visited the accident scene.
Apart from the five KABCO injury severity scales, there is another additional code, i.e. code 99 or Unknown. The code applies when The Federal Highway Administration (FHWA) cannot find or determine the presence of an injury. It is commonly used to identify hit-and-run injuries or victims running from the scene of an accident.
The Importance of the KABCO Scale for Personal Incapacitating Injury Accident Claims
When you are in an accident, law enforcement officials ask some questions and document any factors that contributed to your accident. Afterward, you can use the details of those records to provide important evidence for your claim. Starting from the chronology of the accident to the severity of your injuries.
As you may know, law enforcement officials use the KABCO scale codes to classify your injuries. You can file a personal injury claim and be entitled to compensation for your medical bills, lost income, and pain you experienced during your recovery.
It is highly recommended that you see a doctor after an accident. A doctor can help produce the strong evidence you need to qualify for an incapacitating injuries claim from your accident. He/she can analyze which injuries have the potential to worsen over time or to recover right away.
Why Do You Need a Lawyer After an Incapacitating Injuries Accident?
If you suffer from an incapacitating injury accident – whatever the type, whatever the severity – you should contact your personal injury attorney after a course of medical treatment. Any injuries may have a major impact on your own or your family’s life. Hence, you deserve to be compensated for it.
A legal advisor is necessary to assist and help you navigate the case until you get the appropriate compensation accordingly.
