Legal Definitions - serious bodily injury

Serious Bodily Injury refers to a physical injury that creates a substantial risk of death, causes severe and lasting disfigurement, or results in the protracted (long-term) loss or impairment of the function of any bodily member or organ.

This legal term is often used in criminal law to distinguish between different degrees of assault or other violent crimes, and in civil law to assess damages in personal injury cases. It signifies a level of harm significantly beyond minor injuries like scrapes, bruises, or sprains.

• Example 1: Criminal Assault

  During a bar fight, one individual strikes another with a bottle, causing a deep laceration to the victim's face that requires extensive reconstructive surgery and leaves a permanent, visible scar across their cheek.

  Explanation: This scenario illustrates "serious bodily injury" because the permanent, visible scar constitutes a "severe and lasting disfigurement." The injury goes beyond a temporary mark, requiring significant medical intervention and resulting in a permanent alteration to the victim's appearance.

• Example 2: Vehicular Accident

  A driver, under the influence of alcohol, swerves into oncoming traffic, causing a head-on collision. The driver of the other vehicle suffers multiple broken bones, including a shattered femur, which requires several surgeries and leaves them unable to walk without assistance for over a year, with doctors predicting a permanent limp.

  Explanation: The shattered femur and subsequent inability to walk for an extended period, coupled with the prediction of a permanent limp, demonstrate "serious bodily injury." This represents a "protracted loss or impairment of the function of a bodily member" (the leg) and could also be considered to have created a "substantial risk of death" given the severity of the collision and injuries.

• Example 3: Workplace Incident

  A construction worker falls from scaffolding due to faulty equipment, landing awkwardly and sustaining a severe spinal cord injury. This injury results in the permanent loss of sensation and movement in their lower body, leading to paraplegia.

  Explanation: The permanent paraplegia is a clear instance of "serious bodily injury" because it involves the "protracted loss or impairment of the function of bodily members" (the legs) and a critical "organ" (the spinal cord), leading to a complete and irreversible loss of function.