Massachusetts defines serious injury as loss of a limb or bodily organ, loss of bodily function, permanent disfigurement or an injury that had a substantial risk of death. Assault and battery that cause a serious injury is a felony in Massachusetts. Penalties for this crime could include a prison sentence of up to five years, a fine up to $5000 in addition to paying monetary damages to the victim, or a combination of both prison and a financial penalty.
Loss of bodily function
A victim’s loss of bodily function doesn’t have to be permanent. Losing the function of a body part is a traumatizing experience for someone to go through and counts as a serious personal injury in Massachusetts. A broken jaw, for instance, counts as a serious personal injury because the victim usually can’t eat without a tube for over a month while waiting on the injury to heal. Loss of vision in one or both eyes is also a serious injury.
Traumatic brain injury
The consequences of traumatic brain injury could be debilitating. Some patients aren’t able to take care of themselves. They could experience serious problems with cognition and emotion regulation as well. There is a risk of death with traumatic brain injury. Approximately 176 TBI-related deaths occur every day in the US. Any blow to the head could cause this type of injury, so it’s not just car accidents that may give someone a TBI.
Losing a body part either directly or from requiring an amputation as a result of the injury is permanent disfigurement. Scars on the face, hands and neck also count as permanent disfigurement.
The severity of your injuries influences how much compensation you may receive from a personal injury claim. Serious injuries hurt your quality of life and may prevent you from doing activities you did before the accident or assault.