Dec, 2017

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posted in Wilka, Welter & Ash LLP Law Blog.

Finding The Right Disability Attorney

Finding The Right Disability Attorney

Finding the right kind of disability attorney in Sioux Falls can be a nightmare, but it really does not have to be. When somebody gets injured and becomes disabled due to that injury, finding a disability lawyer is one of the first things that person should do. It is important to understand and distinguish the differences and similarities between disability, personal injury, and worker’s compensation.

All three of the above mentioned legal areas tend to cover an event whereby an individual or groups of individuals were physically or mentally harmed. On the one hand, if there were no disabilities caused by a personal injury, work-related accident, or a case of general negligence, then a disability attorney is not necessary. This is why researching disability, law, and attorneys in one’s area will help the potentially disabled person in question understand where they stand, and how to act accordingly.

Disability Law: All There Is To Know

What is a disability? A disability is an impairment that is considered as either mental, physical, cognitive, developmental, or a combination of all of these. The problem with the term “disability” is that it is very ambiguous and is often used as an umbrella term. Due to the fact that a disability in the legal sense encompasses physical, mental, and developmental areas, almost everybody could be labeled as “disabled” at some point in their lives.

This may sound like a stretch, and is not meant to demean those who are actually suffering from disabilities. A disability is rather a certain state of impairment that could last a lifetime, or not. With the right kind of aid and support, people with acute disabilities could benefit from a disabilities lawyer who could help fight and win settlements that could then help pay for any kind of surgery or medication to rectify the disability. Unfortunately this is not always the case as many disabilities are permanent, and harder to treat indefinitely.

Some people may have social interaction impairment; others are impaired in that they have limitations to the extent of their bodily functions and activity; others are impaired in that they cannot participate in social or other activities.

Disability And Ableism: A Short History

Disability activism came to shape in the early 1970’s in both the United Kingdom and the United States. The development and understanding of disability goes back to the Enlightenment period, and even the Middle Ages, where plagues and illnesses would render people what we now call “disabled.”

The term “ableism” came about in an effort to define the social prejudices and discrimination that disabled people faced, and still face. People who are disabled face the prejudices of ableism every day.