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

In Texas, the law defines “disability” for a brain injury case in a few key ways. A person is considered disabled if the injury causes them to suffer from “substantial functional limitation,” meaning they have difficulty performing basic activities that most people can do. Additionally, disabled individuals are those who are clinically diagnosed with an impairment that has lasted or is expected to last for a continuous period of at least 12 months. The law also states that a disability can be caused by a variety of conditions, including physical and mental impairments. In the case of a brain injury, the disability would have to be a result of the brain injury itself and not just caused by the symptoms that may follow the injury. For example, if a person experienced physical or cognitive changes due to the brain injury, these changes would not be enough to be considered a disability without the underlying injury. When a person is seeking damages in a brain injury case, they must prove that the injury caused a disability. This is done by providing medical evidence and other relevant evidence that shows the injury left the person with an impairment that is expected to last for at least 12 months. In some cases, the individual may also have to prove that the disability substantially limits their ability to perform basic activities.

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

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