How does the law define “disability” for a brain injury case?

In California, when it comes to brain injury law, a disability is defined by the law as “an impairment of the mental or physical ability of an individual, including an intellectual disability, that substantially limits one or more major life activities of the individual.” For a case involving a brain injury, the court will look to four factors when determining whether or not an individual qualifies as having a disability. First, it must be shown that the injury made it substantially more difficult for the individual to perform a life activity compared to the average person. Second, it must be shown that the injury had a lasting impact on the individual compared to the average person. Third, it must be shown that the individual’s ability to perform the life activity was impaired for an extended period of time. Finally, it must be shown that the individual’s impairment was of a permanent or long-term nature. The court will also look at the specific facts of the case when determining whether or not an individual qualifies as having a disability due to a brain injury. Factors such as the severity of the injury, the prognosis, and the degree to which the injury affected the individual’s ability to work, maintain relationships, and other activities will be considered. Additionally, the court will look to the individual’s prior medical history, as well as any evidence of attempts to obtain rehabilitation services. By definition, a disability due to a brain injury is a significant and lasting impairment of an individual’s life activities, and if a plaintiff can prove this to the court, they may be able to secure the necessary compensation for their losses.

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How does the law define “disability” for a brain injury case?

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