When someone is the victim of an accident, they often pursue compensation from the insurance company. Doing so, however, may require them to take legal action, with fair compensation typically only coming as the result of a settlement or trial.
When looking for Virginia personal injury settlement help, most people are probably wondering how much their personal injury case is worth. The truth is, understandably, incredibly complex.
The insurance industry often attempts to perpetuate the myth that attorneys practicing personal injury law are money-hungry and trying to exploit the system, but that is far from the truth. C. James Williams III, an experienced personal injury lawyer at Virginia law firm Burnett & Williams, shares the true purpose of a personal injury lawsuit: “Our goal is to get you the compensation to which you are legally entitled for your losses, whether they are tangible or intangible, that you suffered as a result of a car or truck accident, truck accident, slip and fall, medical malpractice, or other serious injury.”
Hard expenses: The core of any personal injury case
Of course, the core of any settlement or jury award in a personal injury or wrongful death case is the hard or out-of-pocket expenses the injury victim has incurred as a result of their injury. Some of these tangible costs that attorneys will attempt to recover include:
- Medical Bills: The most obvious expense included in a personal injury settlement or jury award is medical bills. “If you are injured due to the negligent actions of an at-fault party and have to seek medical care for those injuries, you should not have to pay for those expenses out of pocket,” says Williams. “Everything from ambulance bills and surgeries to follow-up visits and physical therapy will be included in your attorney’s demands from the insurance company.”
- Lost Wages: Personal injury attorneys will also attempt to reimburse your lost wages. “If your injury prevents you from going to work, a settlement or jury verdict may include compensation for that lost income,” Williams explains. “This compensation is particularly important for those in more physical occupations, such as construction or manufacturing, as a severe injury can leave someone out of work for months. You can be compensated even if you’re fortunate enough to have a bank of Paid Time Off (PTO) hours.”
- Property Damage: Finally, attorneys will attempt to recover damages for any property that was destroyed or damaged during the incident. This includes damage to your cell phone or sunglasses, either of which can be expensive.
Additionally, a personal injury attorney will estimate the future medical expenses or lost wages that their client will incur as a result of this injury to the best of their ability. “Typically, we wait until your condition is fully treated or you have reached maximum medical improvement (MMI) before accepting a settlement offer,” says Williams. “That way, you receive the compensation you need and deserve. However, we also know injuries can have recurring or lasting effects. We aim to include provisions for these predicted losses to get a fair settlement or award as well.”
For one, attorneys will often attempt to estimate the costs of future medical expenses for continuing medical treatment. Although it can be difficult to estimate the long-term impact of an injury, attorneys will consult doctors and other medical experts to get a better understanding of the potential future consequences of the injury.
For example, if medical experts predict that a victim may need additional surgery or rehabilitation in the future due to this injury, an attorney may attempt to include this in the damages their client receives. If a doctor prescribes medicine indefinitely, then a personal injury attorney will calculate that future cost. The same is true if recurring medical procedures are prescribed, such as an epidural steroid injection.
Intangible costs that a personal injury attorney will attempt to recover during the settlement process
There are also damages in personal injury cases that are much harder to quantify, such as the disruption to one’s daily life. Beyond lost time at work, injuries can often interfere with a victim’s ability to participate in sports or hobbies, or perform activities of daily living such as cleaning or cooking. Attorneys may be able to recover damages for loss in quality or enjoyment of life as part of the settlement negotiations process.
In cases where there is a death involved, attorneys may also seek damages for “loss of services or support.” For example, if a person who was the homemaker of a family (i.e., providing services like childcare and cooking) dies in a car accident, the surviving spouse will face undue expenses in “replacing” these services by hiring babysitters or enrolling their child in daycare, or by eating at restaurants more frequently. In wrongful death cases, attorneys will often include these unforeseen expenses in their demands.
Perhaps the most difficult category of damages to quantify, though, is pain and suffering. “Whether you have been injured yourself or suffered the loss of a loved one, you suffer emotionally from an accident,” explains Williams. “You may suffer from long-lasting distress, such as PTSD or anxiety; you may need some time to recover; and you may not be able to enjoy life as you once did. The law awards you compensation for that.”
How the value of pain and suffering is calculated by insurance companies in a Virginia personal injury settlement
That being said, it’s important to note that certain limitations may determine how much a plaintiff can receive in a settlement or verdict. First and foremost is the limit of the insurance policies the defendant carries. The at-fault party’s insurance policy may restrict the amount of compensation available.
Beyond policy limits, some states have laws that limit the amount of compensation a victim can receive, such as medical malpractice tort caps, which are strict maximums on the amount of compensation a victim can receive. For example, in Virginia, the cap for the period from July 1, 2024, through June 30, 2025, was $2.65 million. For punitive damages, such as in drunk driving cases, the cap is $350,000.
Furthermore, it’s crucial not to overlook the statute of limitations, which is the amount of time the state allows a victim to file a lawsuit after an accident has occurred. If that deadline is missed, your case is forever barred with only extremely limited exceptions for minors or disabilities, and even those don’t apply in a wrongful death case.
Hire a personal injury lawyer to process a personal injury claim
Navigating the provisions and the complexities of a settlement or jury award for a personal injury lawsuit can often seem complicated. But with a trusted personal injury attorney at their side, victims can rest assured that they’ll have someone in their corner, fighting for their interests every step of the way.
“At Burnett & Williams, we will advocate for you, ensuring that you get every bit of compensation the law allows that you deserve for your expenses and pain and suffering,” Williams concludes. “If you have been involved in an accident in Virginia, contact us for a free consultation today. We will strive to get you the maximum compensation possible.”
