What Is Diminished Capacity in Personal Injury Law?
Diminished capacity refers to a reduced ability of an individual to perform tasks, make decisions, or function normally due to a physical, emotional, or mental impairment caused by an injury. In personal injury cases, diminished capacity often arises from traumatic brain injuries (TBI), severe psychological trauma, or neurological damage. It can impact a victim’s ability to work, engage in daily activities, or manage their personal affairs.
Common Causes of Diminished Capacity
- Traumatic Brain Injuries: Resulting from car accidents, falls, or other impacts.
- Severe Psychological Trauma: Conditions like PTSD, anxiety, or depression affecting decision-making.
- Neurological Disorders: Injuries that impair cognitive or motor functions, like spinal cord damage.
Why Is Diminished Capacity Significant in Personal Injury Cases?
- Impact on Earning Potential: Reduced ability to work or perform job duties can lead to claims for lost wages or loss of future earnings.
- Lifestyle Changes: Inability to handle daily tasks or personal responsibilities may require compensation for ongoing care or assistance.
- Non-Economic Damages: Victims may recover for emotional distress, loss of independence, or reduced quality of life.
In personal injury claims, proving diminished capacity often requires expert medical testimony and thorough documentation. An experienced attorney can help ensure fair compensation to address both immediate and long-term consequences of the impairment.
