What is a Permanent Injury?

Autumn Rivers
Autumn Rivers
Determining if an injury is permanent is important in legal cases.
Determining if an injury is permanent is important in legal cases.

Determining the extent of an injury can be important in many cases, especially when it comes to dealing with legal matters, such as after a car accident. Just as the term indicates, a permanent injury is one that will likely last a lifetime. It can include either physical or mental damage, and typically restricts the victim's daily activities and ability to work for the foreseeable future.

A permanent injury following an accident can be mild or serious.
A permanent injury following an accident can be mild or serious.

It is not necessary to be killed or paralyzed after an accident in order for affected individuals to collect money for damages. A permanent injury includes several types of damage, whether serious or rather mild. As long as it is likely to last for the duration of the victim's life, it is usually possible to receive monetary compensation after damages. The victim's family can also often sue for lasting mental or physical damage if the victim is unable to do so because of the extent of the injury.

Permanent injuries might result from traffic accidents.
Permanent injuries might result from traffic accidents.

Many states allow victims of accidents that result in permanent injury to collect money through two categories. One includes economic damages, and is made up of tangible costs. This can include medical bills, lost wages, lost earning capacity, and even possible future medical bills, as long as it can be proven that the permanent injury will likely necessitate additional treatment. Most states also allow victims of permanent injuries to seek noneconomic damages, such as for inconvenience, loss of consortium, and pain and suffering.

Permanent injuries might result from surgical mistakes.
Permanent injuries might result from surgical mistakes.

In most cases, the only way to receive compensation for permanent injury because of someone else is to prove that it was caused by negligence. This usually requires the victim to visit the hospital or doctor immediately after the incident, and let the medical professional know that he believes the damage was caused by the at-fault party's negligence. Documentation will be required that shows that permanent injury has resulted from the accident, impacting daily life for the foreseeable future.

A permanent injury may occur as a result of a working accident.
A permanent injury may occur as a result of a working accident.

The next step is often to consult a lawyer who can help the victim gather the pertinent medical documentation to support a viable argument. Objective proof of the injury is usually required in order to win a court case. Some people who exhibit a preexisting condition prior to the accident may worry that they cannot be properly compensated. In such cases, it can typically be included in the lawsuit as long as the victim can prove that it was made worse as a result of the accident.

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Discussion Comments

Viranty

In relation to permanent injuries, one reason for this might be is if someone has a disease that doesn't allow them to heal the way a normal person would. For example, a friend of mine has a dad with a disease called sickle cell anemia. Many years ago, when he was trying to get a squirrel out of the basement, he ended up hitting his foot rather hard. However, because of the disease that he has, his foot hasn't healed properly. Always remember that the reasons for a permanent injury depends on several factors.

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    • Determining if an injury is permanent is important in legal cases.
      Determining if an injury is permanent is important in legal cases.
    • A permanent injury following an accident can be mild or serious.
      A permanent injury following an accident can be mild or serious.
    • Permanent injuries might result from traffic accidents.
      Permanent injuries might result from traffic accidents.
    • Permanent injuries might result from surgical mistakes.
      Permanent injuries might result from surgical mistakes.
    • A permanent injury may occur as a result of a working accident.
      A permanent injury may occur as a result of a working accident.
    • The permanently injured parties from a car accident may sue the person who was at fault for the costs of ongoing care.
      The permanently injured parties from a car accident may sue the person who was at fault for the costs of ongoing care.
    • Injuries that do not benefit from physical therapy may become permanent.
      Injuries that do not benefit from physical therapy may become permanent.