What Is a Functional Limitation?
A functional limitation refers to a physical, mental, or emotional impairment that restricts an individual’s ability to perform daily tasks or work-related activities. In personal injury law, functional limitations are critical for assessing the long-term impact of an injury and calculating damages for lost income, diminished earning capacity, and reduced quality of life.
Examples of Functional Limitations
Physical Limitations:
- Difficulty walking, standing, or lifting due to spinal injuries or fractures.
- Reduced mobility from joint damage or muscle weakness.
Mental Limitations:
- Impaired memory or concentration following a traumatic brain injury (TBI).
- Difficulty managing stress or emotions due to post-traumatic stress disorder (PTSD).
Emotional Limitations:
- Anxiety or depression that interferes with relationships or social interactions.
Importance of Functional Limitations in Personal Injury Cases
- Establishing Damages: Functional limitations demonstrate how the injury has affected the victim’s ability to work and live normally.
- Determining Lost Earning Capacity: Evaluates whether the individual can return to their previous job or requires vocational training for a new role.
- Calculating Pain and Suffering: Highlights the personal impact of the injury, justifying non-economic damages.
- Documenting Long-Term Effects: Functional limitations are often supported by medical records, Functional Capacity Evaluations (FCEs), and expert testimony.
Functional limitations are a key factor in building a comprehensive personal injury claim, ensuring victims are compensated for both tangible losses and the broader impact of their injury. An experienced attorney ensures that these limitations are effectively documented and presented during negotiations or trial.
