Personal injury claims are a common occurrence in Virginia. Pain and suffering are some of the most significant damages in personal injury cases. These can have a significant impact on the outcome of a case and the compensation awarded to the plaintiff. Because of this, it is crucial to understand Virginia’s pain and suffering laws and how they can impact your personal injury claim.
Table of Contents
Understanding Pain And Suffering
Pain and suffering refer to the physical and emotional distress that a person experiences following an injury or accident. Examples of this include anxiety, depression, insomnia, and physical pain. Pain and suffering compensation is considered a part of “non-economic damages.”
Economic damages refer to actual financial losses, such as lost wages, medical bills, and property damage. Non-economic damages are more difficult to quantify but can have a significant impact on a person’s life. These damages are often sought in addition to economic damages.
Virginia’s Pain And Suffering Laws
Virginia follows a “pure contributory negligence” rule. This means that if a plaintiff shares any fault in an accident or injury, they are barred from recovering any damages from the defendant. This is a strict rule that many other states do not follow.
Virginia also has a “cap” on damages for medical malpractice cases. This means that if a plaintiff receives more than a certain amount in non-economic damages, the amount awarded will be reduced to meet the cap. The current cap is $2.15 million.
Factors That Can Impact Pain And Suffering Awards
The amount of pain and suffering damages awarded in a personal injury case will vary depending on a number of factors. These factors include:
- The extent and severity of the injuries
- The age and health of the plaintiff
- The duration and impact of the injuries on the plaintiff’s quality of life
- The plaintiff’s ability to work and earn a living
- The amount of medical expenses incurred as a result of the injury
How To Maximize Pain And Suffering Damages In Virginia
To maximize pain and suffering damages, it is important to document all of the physical and emotional distress you experience following an injury. Keep a journal or diary to record your symptoms, such as pain levels, changes in mood, or difficulty sleeping. It is also essential to seek medical treatment for any injuries and follow your doctor’s orders to the best of your ability.
It is also critical to hire an experienced personal injury attorney to represent you. An attorney can help gather evidence, negotiate with insurance companies, and build a strong case to maximize your compensation.
Conclusion
Pain and suffering damages are a significant factor in personal injury claims. Virginia follows strict rules that can impact how much compensation a plaintiff receives. Understanding these laws and working with an experienced personal injury attorney can help maximize your pain and suffering damages and ensure that you receive fair compensation for your injury.