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

In New York, the law defines “disability” as a physical, mental, or cognitive impairment that significantly limits an individual’s ability to access or perform certain life activities. When it comes to brain injury cases, the impairment must have been caused by an external force, such as a medical accident or a traumatic event. In order to be a qualified disability, the impairment must affect at least one major life activity, such as learning, walking, seeing, speaking, hearing, working, caring for oneself, or performing manual tasks. The impairment must also have a substantial effect on at least one major life activity, which usually means that it must limit the ability to perform the activity by more than a minimal degree. For example, if someone suffers a traumatic brain injury that causes difficulty speaking or communicating, they may qualify as having a disability due to the limitation in their ability to effectively communicate. The court will also take into account the severity of the impairment, as well as the duration of its effects. For example, if the impairment is expected to last a significant period of time, it may be more likely to be considered a disability. Ultimately, the definition of “disability” in brain injury cases is determined on a case-by-case basis. The court will look at the specific facts and circumstances of each case to determine whether the individual has a qualifying disability.

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

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