Total disability, as a legal term, generally refers to a condition in which an individual is completely unable to engage in any substantial gainful activity due to a physical or mental impairment that is expected to last for a continuous period of at least 12 months or result in death. In Texas, the term “total disability” is often used in the context of personal injury law and refers to when an injured party is unable to work.
Total Disability and Personal Injury:
When an individual is injured due to the fault of another person or entity, they may be entitled to compensation for their injuries, including damages for lost income and future earning capacity. If the injury is severe enough to result in total disability, the individual may be entitled to significant compensation for lost wages and future lost earning capacity.
In Texas, personal injury cases involving total disability can be complex, as they often require expert medical testimony to establish the extent and permanence of the individual’s injuries. To establish total disability, the individual must provide evidence that their injuries are severe enough to prevent them from working or engaging in any substantial gainful activity, and that the disability is expected to last for an extended period of time or be permanent.
Overall, total disability is an important consideration in personal injury cases in Texas, as it can significantly impact the amount of compensation an individual may be entitled to receive for their injuries. If you have been injured due to the fault of another person or entity and believe that you may be totally disabled as a result, it is important to consult with an experienced personal injury attorney who can help you navigate the legal process and protect your rights.
Examples:
Overall, total disability can be caused by a wide range of injuries and illnesses, and may vary depending on the individual’s specific circumstances and the extent of their impairments. Some examples of total disability may include:
- Paralysis: A condition in which an individual is completely unable to move one or more limbs due to a spinal cord injury or other medical condition.
- Traumatic brain injury: A severe injury to the brain that can result in cognitive impairment, memory loss, and other physical and mental limitations.
- Chronic pain: A condition in which an individual experiences ongoing pain that is severe enough to prevent them from working or engaging in any substantial gainful activity.
- Blindness or deafness: A complete loss of vision or hearing that prevents an individual from working or engaging in any substantial gainful activity.
- Severe mental illness: A mental health condition that is severe enough to prevent an individual from working or engaging in any substantial gainful activity, such as schizophrenia or bipolar disorder.
- Terminal illness: An advanced stage of a disease or condition that is expected to result in death within a relatively short period of time, and that prevents an individual from working or engaging in any substantial gainful activity.
