Auto accident aftermath: Who decides how injured you are?

On Behalf of | Jun 6, 2024 | Car accidents

In the aftermath of a vehicle accident, victims often feel that their crash injuries are severe or catastrophic. Unfortunately, legal definitions and insurance companies may not agree with your perspective. 

For example, Texas uses the term incapacitating injury when determining compensation for crash victims, and yours must meet specific criteria to qualify.

The determination of an incapacitating injury is pivotal as it influences the compensation victims can receive after an accident. Learn more before you file your claim to ensure it reflects all your physical harm.

Who decides if an injury is incapacitating?

The assessment of accident injury severity typically falls to the insurance adjuster. In Texas, which follows the KABCO classification scale, an injury must prevent victims from engaging in their normal activities to qualify as incapacitating. Crushed chest, traumatic brain injury and severe internal trauma are three injuries that can lead to incapacitation.

Insurance companies evaluate injuries based on specific criteria and potential liability. They may not classify an injury as incapacitating or catastrophic if it does not meet their definitions or result in long-term disability.

How can you prove an injury is catastrophic?

Medical evidence can convince an insurer that you suffered significant and lasting harm. It can demonstrate the inability to work, a permanent decrease in life enjoyment and the need for ongoing medical care.

The more evidence you can provide, the better your odds of a fair settlement. Examples of persuasive evidence include medical reports, test results and therapy (physical, occupational, etc.) records.

Of course, you feel your injury has devastated your life and finances catastrophically, and you need fair compensation for your recovery. Working with an experienced representative can help you fight for what you deserve, potentially improving your post-accident future.