If you have ever experienced a serious personal injury by another in the state of Virginia, you will have some financial problems, for example:
- Medical expenses
- Cost of home health care.
And you may be left with the following complications:
- traumatic brain injury
- Permanent disability
- total disability
- partial disability
- incurred medical bills
- lost wages
- Pain and suffering
- mental anguish
- Vehicle or property damage, if any
Before filing a personal injury claim, you should know the value of the case in Virginia and be able to conduct a thorough damage assessment in order to negotiate a reasonable settlement for your Virginia personal injury case.
There are two main factors that affect the value of a personal injury case in Virginia:
- The nature and extent of your injuries: This refers to how it affected you, how it affected you, the terms of medical payments, loss of earnings during time in rehabilitation or staying in a hospital, the pain you suffered and suffered, whether your injury limited your ability to live a standard life, and whether your injury is long-term damage.
- The availability of insurance coverage: Can you count on an insurance policy to pay for your losses, including your own insurance? How much do these insurance policies provide? Will you be able to cover all the expenses?
You also have a burden of proof in a Virginia personal injury case, based on the negligence of the other party for the injuries. His standard of proof is “preponderance of the evidence,” which also means that he must show that he is more likely than not that the other party’s carelessness caused his injury.
Injury damages can be economic or non-economic damages, these two are called compensatory damages, economic damages indicate things that you can objectively verify for the case of past loss earnings, future loss earnings, past and medical payments and repair charges o The replacement for the destruction of the property.
Non-economic damages refer to pain, anguish, emotional agony, deformity, loss of life satisfaction, loss of consortium, and lastly, loss of society and companionship.
Punitive damages should be allowed in a personal injury or wrongful death lawsuit in the event that your injury was initiated by the reckless or vicious actions of the defendant. However, there is a limit for punitive damages in the state of Virginia, the current limit is $350,000.
When calculating a claim for payment of personal injury, brain injury or car accident, some classifications should be reviewed including:
- Past Lost Earnings – If you have missed time in labor due to a brain injury or car accident, then you are allowed to claim those lost earnings through your personal injury lawsuit.
- Lost Earnings in the Future: Those who have suffered a tragic brain injury, spinal cord injury, or orthopedic injury may result in the loss of the ability to receive earnings comparable to what you were earning before the accident.
- Lost Value of Fringe Benefits – When determining the payout value of your personal injury case, your attorney should recall an economist to determine the value of fringe benefits you will lose due to the injury.
If you are ever required to go to trial and succeed, you may be entitled to interest on the judgment, in the state of Virginia, interest runs at 6% per year until funded.
If you need a Virginia personal injury attorney to help you with your Virginia personal injury case, call us at 888-437-7747. Our Virginia personal injury attorneys can help. C