An incapacitating injury is a non-fatal injury that prevents the injured person from walking, driving, or normally continuing the activities they were capable of performing before the injury occurred. These injuries are severe and can be catastrophic, causing lasting damage and often changing the life of the injured person forever. Incapacitating injuries are evident at the scene of the crash or accident and require emergency medical treatment to save the persons life. Examples of incapacitating injuries include broken or distorted limbs, internal injuries, crushed chest, severe lacerations, head injuries such as traumatic brain injury or subdural hematoma, spinal cord injuries, neck injuries, partial or complete paralysis, and one or more amputations.

On the other hand, a non-incapacitating injury is an evident injury such as bruises, abrasions, or minor cuts or lacerations that do not prevent a person from engaging in normal activities. Examples of non-incapacitating injuries include minor lacerations and cuts, bruises, strained or sprained muscles, dislocated joints, abrasions or road rash, minor concussions, and minor scarring.

It is important to note that incapacitating injuries can turn into fatal injuries without prompt medical treatment. Victims who sustain incapacitating injuries typically require hospitalization and will face steep medical bills, lost wages, and other damages. Incapacitating injuries can also result in irreversible personality changes as well as emotional and mental damage, including post-traumatic stress disorder (PTSD).