Dolor y sufrimiento en Virginia Fairfax Lawyer

The injuries and pain suffered from a collision can affect many areas of a person’s life. This includes the ability to work and dependence on oneself or relating to family and friends. Under Virginia law, personal injury victims have up to two years after the incident to file a claim for damages and five years if the injury is to an infant. This period of time allows the victim to recover from their injuries and is called the statute of limitations.

During this time period, an attorney can calculate and document the full amount of damages that the injured party can claim in a personal injury lawsuit. These damages generally include medical expenses; past and future medical costs, such as hospitals, medical or surgical procedures, and any medical aids such as a wheelchair, or may include lost wages; including any future wages lost due to an injury, also consists of pain and suffering; this category compensates for any physical and/or emotional pain caused by the incident.

Pain and damages suffered are considered non-economic damages. Virginian juries are instructed to take many factors into account when deciding how much to award an injured plaintiff.

These include:

• • • Any bodily injury sustained and its effect on health.
    • Past and future physical or mental pain.
    • Deformation and any associated humiliation.
    • Past and future inconvenience.

Pain and suffering does not have a particular formula for calculating the exact dollar amount. A lawyer must use concrete evidence to establish the amount of compensation. An attorney will consider pain and suffering:

• • • Pain – Personal injuries generally include physical injuries such as muscle strains, sprains, broken bones, head, neck and back injuries, deep cuts, burns and puncture wounds. The pain associated with these injuries includes pain endured in the accident itself, pain that resulted from treating the injuries, and future pain that may be experienced after recovery.
    • Distress: It is common for people who have suffered a physical injury to also suffer from psychological and emotional problems. These include anxiety, fear, nervousness, isolation, depression, insomnia, digestive disorders, or stress, including headaches and muscle pain.

Generally, in Virginia, economic losses that include medical bills are multiplied by lost wages. This is the most common method used to calculate the amount sought for pain and suffering.

Pain and suffering can be tested using a wide range of tests. Medical documents documenting symptoms may be relied on. In addition to prescription receipts, medical bills for treatment and therapy, including emergency room visits, proof of school or work absenteeism or proof of poor performance, a diary that analyzes moods and missed social obligations due to injuries and photographs of injuries. All of this, along with any impact statements from family or friends, can be provided by an attorney in a Virginian court as evidence of pain and suffering.

Each case is unique, as there is no particular way to compensate for pain and suffering. Compensation is usually awarded in terms of money and there is no set amount. If the insurance company initially offers a low settlement value, but new evidence later appears, the insurance company may agree to a higher settlement.

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 attorneys can help. C