When someone else’s negligence causes you an injury, Virginia law permits you to sue them for pain and suffering. However, victims filing a personal injury lawsuit should understand what “pain and suffering” covers, how Virginia courts calculate the value of pain and suffering damages, and the most effective means of proving pain and suffering.
Working with an experienced Virginia personal injury lawyer can keep you informed of your rights and help you pursue maximum compensation for your losses.
What Does “Pain and Suffering” Cover?
The term “pain and suffering” encompasses a wide range of physical and emotional injuries a victim may experience after an accident. Some common examples include:
- Physical pain – This includes both acute pain, such as from a broken bone or a burn, and chronic pain that persists long after the initial injury.
- Mental anguish – Mental anguish may involve fear, worry, grief, anger, humiliation, mood swings, sleep disturbances, and other mental health impacts.
- Post-traumatic stress disorder (PTSD) – Some typical symptoms of PTSD include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident.
- Anxiety and depression – Many injury victims struggle with heightened anxiety and depression after an accident as they try to cope with pain, disability, medical bills, inability to work, and an uncertain future.
- Loss of enjoyment of life – Victims can seek compensation for no longer being able to participate in hobbies, social activities, exercise, and other things they previously enjoyed due to accident-related limitations.
- Disfigurement and scarring – Visible scars and disfigurement can be a constant reminder of the traumatic accident, leading to emotional anguish and self-consciousness.
How Is Pain and Suffering Calculated in Virginia?
Putting a dollar figure on something as subjective as pain and suffering can be challenging. There are two main methods Virginia courts use:
- Per diem method – The per diem method assigns a dollar amount to each day the victim experiences pain and suffering from the accident – for example, $200 per day, multiplied by the number of days from the injury to maximum medical improvement or trial.
- Multiplier method – The multiplier method takes quantifiable economic losses like medical bills and lost wages and multiplies them by a number, typically between 1.5 and 5, to calculate pain and suffering. More severe, long-term injuries get a higher multiplier.
Since there is no set formula, attorneys and insurance companies also rely heavily on comparisons to previous cases with similar facts. This allows them to make arguments based on precedent when negotiating a settlement or presenting a case to a jury.
What Types of Injury Cases Could Have Pain and Suffering Damages?
Accident victims can experience pain and suffering anytime another party causes a preventable injury. A skilled Virginia personal injury attorney can work to recover pain and suffering compensation for victims who have suffered injuries in cases such as:
- Car accidents
- Tractor-trailer accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Rideshare accidents
- Boat accidents
- Slip-and-fall and premises liability cases
- Defective products
- Dog bites and other animal attacks
- Dangerous drugs or cosmetic products
- Catastrophic injuries
- Nursing home neglect
- Medical malpractice
How Do You Prove Pain and Suffering?
Proving pain and suffering often involves presenting a compelling narrative of how your injuries have affected your life.
Evidence that can help demonstrate pain and suffering includes:
- Medical records and bills showing the extent and costs of your physical injuries and treatment
- Documented prescriptions for pain medication
- Psychiatric records documenting mental health symptoms and treatment
- A daily journal detailing your symptoms, struggles, and how your life has been affected
- Testimony from family and friends about changes they’ve noticed in your function and mood
- Photos and videos from before and after the accident showing how your lifestyle has changed
Thorough documentation of your injuries, symptoms, and treatments from day one can go a long way in building a strong pain and suffering claim. A knowledgeable personal injury attorney can help you gather the necessary proof to demonstrate the full extent of your pain and suffering to an insurance company or jury.
Does Virginia Have a Cap on Pain and Suffering Damages?
Many states place caps, or limits, on the amount of money a personal injury victim can recover through a pain and suffering claim. However, Virginia does not cap pain and suffering damages in personal injury cases.
It’s worth noting that anyone filing a medical malpractice claim will be subject to a cap on the total amount of their award, not just pain and suffering damages. Consult a knowledgeable attorney to determine whether any other limitations might apply to your case.
How Long Do You Have to File a Pain and Suffering Claim in Virginia?
When seeking a pain and suffering settlement or verdict, it is crucial to remember that Virginia’s statute of limitations sets a strict deadline for personal injury lawsuits. In most cases, you must initiate any legal action against the at-fault party within two years of sustaining the injury. If you miss this deadline, the court might bar you from recovering the compensation you deserve.
Consulting with an experienced Virginia personal injury attorney as soon as possible can help you ensure that you protect your claim by completing all filings on time. Getting a lawyer involved early in the process can also allow them to conduct their investigation while evidence and eyewitness memories remain fresh.
Contact a Virginia Personal Injury Lawyer
While pain and suffering can feel difficult to quantify or put into words, these intangible effects of a personal injury can often be one of the most disruptive aspects of being injured. You deserve compensation that will help you feel empowered to take back charge of your life.
At Marks & Harrison, our lawyers understand how challenging every aspect of life can feel after sustaining an injury due to another party’s negligence. Our firm has fought on behalf of injured Virginians for over 100 years, and we are ready to put our experience and skills to work for you today. Call us now or contact us via our online form for a free consultation to learn more about what we can do for you.
