Legal Definitions - consequential injury

A consequential injury is a harm that arises indirectly from an initial wrong or injury, rather than being a direct and immediate result. It represents the secondary damages or losses that flow as a consequence of the primary event.

Consequential injury refers to a secondary harm or impairment that arises as an indirect result of an initial injury or wrongful act. Unlike a direct injury, which is an immediate consequence, a consequential injury develops later or is a subsequent complication stemming from the original harm. For a consequential injury to be legally recognized, it must typically be a foreseeable outcome of the initial event.

• Example 1: Medical Complication

  A person suffers a severe leg fracture in a slip-and-fall accident. While recovering in the hospital, they develop a serious infection at the surgical site, requiring additional surgeries and prolonged antibiotic treatment.

  Explanation: The initial leg fracture is the direct injury from the fall. The subsequent infection is a consequential injury because it is not directly caused by the fall itself, but rather developed as a secondary complication stemming from the treatment of the initial fracture.

• Example 2: Psychological Impact

  An individual is involved in a traumatic car accident, sustaining a whiplash injury and several bruises. Months after the physical injuries have largely healed, they begin experiencing severe post-traumatic stress disorder (PTSD), including flashbacks, anxiety, and difficulty sleeping, which significantly impairs their daily life.

  Explanation: The whiplash and bruises are the direct injuries from the accident. The PTSD is a consequential injury because it is a secondary psychological harm that developed as a result of the traumatic experience of the accident, even after the initial physical wounds had mended.

• Example 3: Aggravated Pre-existing Condition

  A construction worker with a pre-existing, mild degenerative disc condition in their back suffers a fall at work, which directly causes a herniated disc. Due to the new injury and the subsequent necessary surgery, their pre-existing condition is significantly aggravated, leading to chronic pain and permanent mobility restrictions far beyond what the herniated disc alone would have caused.

  Explanation: The herniated disc is the direct injury from the fall. The severe aggravation of the pre-existing degenerative disc condition, leading to much greater long-term impairment, is a consequential injury. It is a secondary, worsened state that arose as a direct result of the initial workplace injury impacting an already vulnerable area.