Permanent impairment
In plain English: a permanent impairment is a loss of body or brain function that doctors don't expect to get better. It might be a stiff joint, chronic nerve pain, reduced hearing, a scar or a lasting brain injury.
Why "permanent" changes everything
A claim for an injury that heals in six months covers six months of loss. A claim for a permanent one has to account for the rest of your life: decades of reduced earnings, ongoing treatment, help around the house, and the pain and frustration of living with it. That is why permanent injuries usually produce much larger settlements, and why insurers fight hard over whether an injury really is permanent.
How it's established
- You treat until you reach maximum medical improvement.
- A doctor records what's left: loss of movement, strength, sensation or cognitive function.
- In US and Canadian systems that use them, an impairment rating is given.
- Experts explain the effect on work, family life and future care needs.
Thresholds you may have to meet
In some no-fault car insurance systems, a permanent injury is the key that lets you sue at all. Several US no-fault states require a serious or permanent injury before you can claim for pain and suffering. In Ontario, the tort threshold generally requires a permanent serious impairment of an important function, and claims below a set amount also face a deductible from pain and suffering awards. In England and Wales, there's no such gate, but the Judicial College Guidelines put far higher values on injuries with a permanent effect.
What the claim should cover
- Pain, suffering and loss of enjoyment of life for your remaining years.
- Loss of future earning capacity, including missed promotions.
- Future care costs: medication, therapy, equipment, adaptations.
- Risk of later problems, such as arthritis developing in an injured joint.
Once you settle, you generally can't come back for more if things get worse. In the UK, a provisional damages order can sometimes keep the door open for a specific risk, such as epilepsy after a head injury. Ask about it early if your doctors mention one.
A cyclist's fractured ankle heals, but a surgeon says there's a significant chance of arthritis within ten years. The claim includes the likely cost of a future ankle fusion and time off work, not just the original fracture.
Next: present value · structured settlements · how much is my claim worth?
Related terms
General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer