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Legal Definitions - Permanent injury

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Definition of Permanent injury

A permanent injury refers to harm to a person or property that is irreversible and expected to last indefinitely, or for the remainder of a person's life. Unlike temporary injuries, which are expected to heal over time, a permanent injury results in lasting impairment, disfigurement, or loss of function. In legal contexts, especially when calculating compensation for damages, the permanent nature of an injury is a critical factor, as it often leads to higher awards to account for lifelong suffering, ongoing medical needs, and a diminished quality of life or property value.

  • Imagine a factory worker who suffers a severe accident, resulting in the complete loss of a limb. This is a permanent injury because the physical loss is irreversible, leading to a lifelong disability and significantly altering the individual's physical capabilities and daily life.

  • Consider a driver involved in a severe car collision who sustains a traumatic brain injury that causes irreversible cognitive impairment, such as memory loss or difficulty with problem-solving. This constitutes a permanent injury because the brain damage cannot be fully healed, resulting in lasting mental challenges that impact their ability to work, learn, and live independently.

  • Suppose a homeowner's property is contaminated by a chemical spill that renders the soil infertile and unsafe for habitation indefinitely. This would be considered a permanent injury to the property, as the land's fundamental use and value are irreversibly damaged, requiring extensive and potentially impossible remediation or rendering it permanently unusable.

Simple Definition

A permanent injury refers to irreversible harm inflicted upon a person or property. This type of injury is significant because its lasting nature often plays a crucial role in determining the amount of damages awarded in legal cases.

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