Damages compensate an injured person for the harm they have endured in an accident that was someone else’s fault. This compensation is primarily made up of economic and non-economic damages. These types of damages cover both tangible and intangible losses after an accident.
What Are Economic Damages?
Economic damages are compensation for the tangible losses you incur from an accident. Bills, receipts, or financial documents can quantify and prove them. Four primary types of economic losses are:
- Medical Bills – This includes past, present, and future medical expenses relating to the injury, such as ambulance costs, hospitalization, surgery, rehabilitation, and medication.
- Lost Wages – If your injury prevents you from working, you may receive compensation for the wages lost during your recovery period.
- Loss of Future Earnings – If the injury affects your ability to work in the future, you can claim compensation for your reduced earning capacity.
- Property Damage – If the accident damaged your property, such as a car or a bike, the cost to repair or replace it can be included in economic damages.
What Are Non-Economic Damages?
Unlike economic damages, non-economic damages compensate for intangible losses. These are often subjective and difficult to quantify. Four key types of non-economic losses are:
- Pain and Suffering – This category includes compensation for physical pain, inconvenience, and the general distress caused by accident-related injuries.
- Disfigurement – If the accident results in significant scarring or any other form of disfigurement, you might be entitled to compensation for the effect of these permanent changes on your life.
- Mental Anguish – This category covers emotional suffering from the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
- Emotional Distress – These losses are about the psychological impact of the accident, including fear, humiliation, or less enjoyment of life.
Due to the intangible nature of these losses, understanding how much compensation you are eligible to receive generally requires the assistance of a knowledgeable Virginia personal injury attorney. They will total the value of your economic losses, assess the value of your non-economic losses, and compare your case to similar ones in your jurisdiction to arrive at a solid idea of how much you should claim.
Are There Any Caps on the Damages I Could Receive in a Virginia Personal Injury Case?
Virginia law places caps on certain types of damages in personal injury cases. These limits apply primarily to medical malpractice cases and punitive damages, which are meant to punish the offender and deter similar behavior in the future. Punitive damages are capped at $350,000, while medical malpractice damages are currently capped around $2.6 million, the exact amount depending on when the medical negligence occurred. Your lawyer can help you understand whether any caps apply to your case.
What Damages Are Available If the Accident Results in Death?
In devastating cases where an accident results in death, Virginia law allows loved ones to file wrongful death claims. These claims must be brought by a personal representative of the victim’s estate. However, they aim to compensate the surviving family members for the emotional and financial losses they suffer due to their loved one’s untimely death. These wrongful death damages may include:
- Funeral and Burial Expenses – The family can claim the cost of the victim’s funeral and burial. These costs can be substantial, and this type of compensation aims to relieve the financial burden of laying a loved one to rest.
- Medical Expenses – If the victim incurred medical costs related to the accident before their death, surviving loved ones can reclaim these. This category includes hospital bills, medication costs, and fees for any surgeries or treatments.
- Loss of the Victim’s Earnings – The sudden loss of a family member can result in a significant financial burden due to the lost earnings the victim would have contributed to their family. Dependent family members can claim compensation for the earnings the victim would have reasonably expected to make had they lived.
- Loss of Companionship – This non-economic compensation is for the emotional pain and suffering resulting from losing the victim’s companionship, guidance, and comfort. The victim’s spouse, children, or parents are typically eligible to receive this compensation.
- Emotional Distress of Surviving Family Members —The family can receive compensation for their mental anguish and sorrow due to the sudden loss of a loved one.
In wrongful death cases, it is crucial to consider the full impact of the loss on the surviving family members – both economically and emotionally. Determining the appropriate damages in these cases is complex and often requires the help of an experienced personal injury attorney. While no amount of money can truly make up for losing a loved one, a wrongful death claim can provide financial support and some degree of justice to the bereaved family.
What Is the Statute of Limitations for a Personal Injury Claim in Virginia?
Virginia’s statute of limitations for personal injury claims generally allows injured parties two years from the accident date to file a lawsuit. However, this timeline may vary depending on specific circumstances. It’s crucial to consult with a lawyer promptly after an accident to ensure you do not miss this critical deadline.
How Can a Personal Injury Lawyer Help Pursue Damages for Me?
A personal injury lawyer can provide vital assistance by:
- Evaluating your case and gathering evidence
- Calculating the full extent of your economic and non-economic losses
- Identifying all potential sources of compensation
- Negotiating with insurance companies on your behalf
- Representing you in court if necessary to demand the compensation you deserve
Contact a Virginia Personal Injury Lawyer
When you are involved in a personal injury case, understanding damages is just the first step. To optimize your chances of recovering the compensation you deserve, having an experienced Virginia personal injury lawyer by your side is essential. Marks & Harrison has a team of dedicated attorneys ready to guide you through the legal system and advocate for your rights. Contact us today for a free consultation.
