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Types Of Damages In A Virginia Personal Injury Case

damages in a personal injury case

Types Of Damages In Personal Injury Cases

If you plan to pursue a personal injury claim, you’ll likely want to know what types of damages you may be able to recover. Contact a personal injury lawyer at Cantor Grana Buckner Bucci today for a free consultation if you have been injured in an accident. We will walk you through what monetary compensation you may be eligible for and help you decide your next steps.

What is a Personal Injury Claim?

A personal injury claim is a legal claim filed by an injured person against the person or entity responsible for their injuries. A personal injury claim aims to seek financial compensation for the damages caused by the negligence or recklessness of another.

Compensatory Damages

Personal injury damages are intended to compensate the injured party for their losses due to the accident. These damages can be either economic or non-economic.

Non-Economic Damages

Non-economic damages can be awarded for the injured party’s pain and suffering, mental anguish, loss of enjoyment of life, and emotional distress.

Economic Damages

Economic damages are awarded to compensate the injured party for their financial losses due to the accident. They can include:

  • Medical bills
  • Lost wages
  • Loss of future earnings
  • Property damage
Economic Damages - medical bills

Punitive Damages

Punitive damages are awarded to punish the wrongdoer for their willful or reckless conduct. They are not meant to compensate the injured party but rather to serve as a deterrent to others who may be tempted to engage in similar behavior.

Punitive damages are only available in cases where the defendant’s conduct was particularly egregious.

Damage Caps in Virginia

Damage caps are the maximum damages a plaintiff can recover for a specific claim. Virginia has a few damage caps. Some of the most noteworthy are medical malpractice and punitive damage caps on providers.

  • Medical Malpractice Damage Cap: Damages for medical malpractice are subject to a cap, which depends on the year the medical malpractice occurred. For the period of July 1, 2022 to June 30, 2023, the cap is $2,550,00.00. This amount increases by approximately $50,000.00 each year. 
  • Punitive Damage Cap: $350,000.00.

There are also some cases where non-economic damages have coverage limits. These instances often arise in car accident cases where the insured motorist and uninsured motorist coverage reaches a certain amount, and no additional coverage is available beyond that.

Damages in a Wrongful Death Claim

In a wrongful death claim, the surviving deceased family members can recover damages for their losses. These damages can include:

  • Loss of companionship or support
  • Loss of love, affection, and care
  • Mental anguish
  • Loss of earnings (past and future)
  • Funeral and burial expenses

Statute of Limitations for Personal Injury Claims in Virginia

In Virginia, the statute of limitations for personal injury lawsuits is two years from the date of the accident. This means that if you do not file your claim within two years of the date of the accident, you will be barred from recovering any damages.

Wrongful Death Claims in Virginia

Like most personal injury claims, a wrongful death claim must be filed within two years of the date of death. The claims are brought by the personal representative of the deceased’s estate and can be filed against the person or entity responsible for the death.

Wrongful Death Claims in Virginia

Do I Need to File a Personal Injury Lawsuit?

You may be wondering if you need to file a personal injury lawsuit or whether you can settle your claim with the insurance company. The answer to this question depends on several factors, including the severity of your injuries, the amount of damages you have incurred, and the insurance company’s willingness to negotiate in good faith.

It is often best to consult a personal injury law firm to evaluate your claim and advise you on the best course of action.

If you have been injured in an accident and would like to discuss your case with one of our attorneys, don’t hesitate to contact us today for a free consultation. We will be happy to answer any questions you may have and help you decide if filing a personal injury lawsuit is right for you.

Types of Personal Injury Cases We Handle

At our law firm, we handle a wide range of personal injury cases, including:

Types of Personal Injury Cases We Handle - car accidents

Contact Cantor Grana Buckner Bucci Today for a Free Legal Consultation

Contact Cantor Grana Buckner Bucci today for a free legal consultation if you or a loved one has been injured in an accident. We will review your case and help you understand your options. Our goal is to help our personal injury victims recover the full amount of damages they are entitled to under the law.

You will not owe us any legal fees unless we can recover compensation for your injuries. We work on a contingency fee basis, which means we only get paid if we win your case. Contact a personal injury attorney at our firm today to learn more about how we can help you.