When you get injured in an accident caused by the negligence of another party in Virginia, you might wonder what damages you can recover in a personal injury lawsuit. Understanding what damages are recoverable can help you recover fair compensation for your injuries.
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Economic Damages
Economic damages are those that can be calculated in monetary terms rather than a subjective value. They include:
Medical Expenses
This includes costs for hospitalization, diagnosis, surgery, doctor visits, rehabilitation, medications, and any other necessary medical care you received as a result of the accident.
Lost Income
This refers to the money you have lost due to the injury, including a loss of earning capacity, the time you cannot work, any sick leave or vacation time you have used up, and any bonuses or raises you would have received if you were not injured.
Property Damage
If your property was damaged during the accident, you can seek compensation for its repair or replacement.
Other Out-of-Pocket Costs
You can also seek compensation for any costs you incurred as a result of the accident, including transportation costs, childcare costs, and home modification costs, among others.
Non-Economic Damages
Non-economic damages are more subjective and do not have a set monetary value. They include:
Pain and Suffering
This includes physical pain, emotional distress, depression, anxiety, and any other negative feelings you may have experienced because of the accident.
Loss of Consortium
This is the loss of companionship, support, and intimacy you have suffered as a result of your injuries.
Loss of Quality of Life
This refers to any changes in your lifestyle, such as the ability to participate in activities you once enjoyed or the loss of independence.
Punitive Damages
In rare cases, a judge may award punitive damages. These damages are designed to punish the negligent party for particularly egregious behavior, such as drunk driving or intentional harm.
Limits on Damages
Virginia has some limits on the amount of damages you can recover in a personal injury case. For example:
Statute of Limitations
You have two years from the date of the accident to file a personal injury lawsuit in Virginia.
Contributory Negligence
Virginia has a strict contributory negligence law, which means that if you are found even slightly at fault for the accident, you may not be able to recover any damages.
Damage Caps
Virginia law places caps on certain types of damages, such as medical malpractice cases, which have a cap of $2 million.
Conclusion
If you have been injured in an accident in Virginia, it is important to consult with an experienced personal injury lawyer who can help you understand your legal rights and the damages you may be able to recover. By knowing what damages are available, you can fight for the compensation you deserve and start on the road to recovery.