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What Is Considered a Serious Injury in Personal Injury Law?

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What is considered a serious injury in personal injury law

When it comes to personal injury law, a serious injury requires substantial risk of death, obvious disfigurement and/or loss or impairment of the function of a body organ, member, function or system.

These injuries often require extensive medical treatment, which can be costly. They can also limit a person’s ability to work and cause other non-economic damages, such as pain and suffering.

1. Disfigurement

Disfigurement is a type of permanent injury that can result from an accident or other trauma. It may involve damage to the skin, muscles, fascia, ligaments, or bone.

When victims suffer disfigurement due to another person’s negligent actions, they can seek compensation for their injuries. This includes both economic damages, such as medical bills, plastic surgery, and lost wages, as well as non-economic damages, such as pain and suffering.

The amount of compensation you receive will depend on a number of factors, including where the scars or disfigurement occurred and how often it affects your life. For example, disfigurement to the face or hands is more likely to cause emotional distress than disfigurement that occurs on the back or stomach.

2. Loss of a limb

Losing a limb is a devastating experience that is often accompanied by psychological complications. While the physical effects of losing a limb can be easily identified, the mental impact is less visible and can lead to depression, anxiety and other emotional issues.

Under New York law, a serious injury is defined as a permanent limitation on your ability to use or function normally and/or an injury that causes you to be unable to perform most of your normal activities for 90 out of 180 days after the accident. In order to qualify under these criteria you must have objective medical tests such as x-rays and range of motion tests that confirm your pain and limitations.

3. Loss of a fetus

A loss of a baby in utero can be a very emotional experience. In fact, a miscarriage may even be considered an act of God by some religious groups. The best news is that you don’t have to suffer alone. There are many support groups and organizations dedicated to helping you cope with your grief.

While there are no guarantees that you will get the compensation you deserve, a lawsuit can be the most effective way to make your case known. In addition to the standard medical expenses, you might qualify for a substantial award for pain and suffering or even a lump sum payout for your loss of enjoyment of life. If you are the lucky recipient of this compensation, you will be able to focus on your recovery instead of your oh so important day to day obligations.

4. Permanent injury

The severity of an injury matters when it comes to determining the compensation you may receive. Some injuries are minor and heal on their own within a few days, while others have lasting effects that can affect your life.

The most common types of permanent injuries are scarring, burns and disfigurement. These damages can have a significant impact on your quality of life and ability to earn an income.

Other severe injuries include loss of senses, like hearing or vision. These injuries often require maximum medical improvement payouts, which are the highest damages in personal injury law.

5. Loss of income

When a plaintiff in a personal injury case misses work due to an accident, they have the right to recover damages for lost income. These include past wages and future earnings that they would have earned had they been able to return to work after the accident.

However, proving these losses can be a bit more difficult than proving other types of economic damages. Proving loss of earning capacity requires some imagination and expert witnesses to explain how your injuries affect your ability to earn in the future.

This can be done through a number of sources, including vocational experts, economists, and financial professionals. They can analyze your career and the employment market to provide estimates of how much money you could have earned had you not been injured.

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