If you’ve ever experienced a severe personal injury by another in the state of Virginia, you’d have a few financial issues, for instance:
- Medical expense
- Home health care cost
And you may be left with the following complications:
- Traumatic brain injury
- Permanent disability
- Total disability
- Partial disability
- Medical bills incurred
- Lost wages
- Pain and suffering
- Mental anguish
- Damage to vehicle or property, if any
Before you file a personal injury claim you must know the value of the case in Virginia, and be able to conduct a thorough damage evaluation so you are able to negotiate a sensible settlement for your personal injury case in Virginia.
There are two major factors that affect the value of a personal injury case in Virginia which are:
- The nature and degree of your injuries: which refers to the way your injury struck, the way it affected you, regarding the terms of medical payments, the lost income during the time done in a rehabilitation or stay at a hospital, the pain underwent and suffered, if your injury limited your ability to experience a standard living and if your injury is a long-term damage.
- The availability of insurance coverage: can you count on an insurance policy to pay for your losses, even your own insurance? How much do these insurance policies each provide? Will that is able to fulfill all expenses?
You also have a burden of proof in a personal injury case in Virginia, grounded on the other party’s neglect of injury. Your standard of proof is the “preponderance of the evidence” which also means you must prove in the case that it is more prone than not that the other party’s carelessness triggered your injury.
Injury damage can be either economic or non-economic damage, these two are called compensatory damage, economic damage indicates to things you are able to verify objectively for instances past loss earnings, loss of future profits, past and medical payments and charges of repair or the replacement to property destruction.
Non-economic damages refer to the pain, distress, emotional agony, deformity, the loss of satisfaction towards life, loss of consortium, and lastly the loss of society and companionship.
Punitive damages are to be permitted in a personal injury or an unlawful death claim in the chances that your injury was initiated by the irresponsible or vicious actions of the defendant. However, there is a limit on punitive damage in the state of Virginia, the present cap is $350,000.
When calculating a personal injury, brain injury, or car accident claim for payment, a few classifications are to be reviewed which include:
- Past lost earnings: if you have missed time from labor due to a brain injury or an automobile mishap, then you are permitted to claim those lost earnings through your personal injury lawsuit.
- Future lost income: those whom have suffered a tragic brain injury, spinal cord injury, or orthopedic injury may result in the lose of the capability to receive earnings comparable to what you used to earn before the accident.
- Lost value of fringe benefits: when determining the payment value of your personal injury case, your attorney should recall an economist to determine the worth of the fringe benefits you will lose due to the injury.
If you’re ever required to go to trial and succeed, you may be titled to interest on the judgment, in the state of Virginia, interest runs at 6% per year until funded.