Answers From an Attorney for Personal Injury: What Factors Could Influence Your Compensation?

The settlement an injured person pursues might seem arbitrary. You might wonder how someone can put a price on a broken leg. However, attorneys for personal injuries, insurance claim adjusters, and ordinary jurors are asked to assess the value of injury claims every day. At your consultation with an attorney for personal injury cases, you can expect them to use a few key factors to determine how much your claim is worth.

Severity and Type of Injuries

Generally, you can pursue greater compensation for more serious injuries. Severe injuries will usually require more expensive medical treatment and lengthier physical and mental therapy. Moreover, injuries that affect certain functions may have a greater impact on your health and quality of life.

Some specific ways the severity and type of injuries will impact your compensation include the following:

Medical Expenses

In Virginia, you are entitled to seek compensation for any costs you incur for the past, current, and reasonably anticipated future services and equipment, such as:

• Medical treatment
• Prescription and over-the-counter medication
• Physical therapy
• Health insurance copays
• Counseling for mental and emotional injuries arising from your accident
• Durable medical equipment, like wheelchairs

You can also pursue compensation for costs related to your injuries, such as home modifications to accommodate your disabilities. Similarly, you might seek compensation for replacement services for tasks you can’t perform due to your accident, such as cooking, cleaning, and driving.

Lost Income and Earning Capacity

Additionally, your compensation can cover your past income losses as well as your diminished future earning capacity. Your career and the disabilities caused by your injuries will determine the impact on your ability to work. For example, an amputated leg might have a minor effect on a personal assistant’s ability to work, but the same injury could end a truck driver’s career.

Pain and Suffering

“Pain and suffering” is shorthand for non-economic losses. These losses capture all the ways your injuries impact your quality of life. These losses include the following examples:

• Physical pain
• Mental pain
• Emotional distress
• Anguish and suffering
• Diminished satisfaction in life
• Disability and inconvenience, if your injuries affect your functions
• Disfigurement, if your injuries alter your appearance
• Dismemberment, if you lose a body part or organ

These losses do not have an inherent value. Instead, an insurance claims adjuster or jury assigns a value based on their sense of fairness to fully and fairly compensate for the losses.

Fault and Liability Issues

Virginia uses a doctrine called contributory negligence when a party accuses the victim of playing a role in the accident. Under this doctrine, the victim loses the right to pursue any compensation if they played even a minor role in causing their own injuries.

For example, an at-fault driver might argue that the victim’s injuries were caused by their failure to wear a seat belt during a car accident. If this argument is successful, the victim could be barred from recovering any compensation.

Insurance Policy Limits

Most personal injury cases fall under some form of liability insurance policy. For example, a slip and fall accident in a business usually falls under the company’s property insurance and general business liability insurance.

Different insurance policies have different limits. Car insurance in Virginia must include at least $50,000 in bodily injury liability coverage. Conversely, homeowners insurance sold in Virginia does not have a minimum requirement. Moreover, in most cases, these policies often have over $300,000 in liability coverage.

Policies with higher limits give the insurer more space to negotiate. Thus, you are often more likely to get full compensation if the at-fault party has higher policy limits.

Strength of Evidence

Your proof of fault can determine your negotiating position. You must have evidence, such as police reports, medical records, witness statements, and expert opinions, to prove your case.

Clearer and stronger evidence of fault can encourage the at-fault party and their insurer to negotiate a settlement rather than facing an unpredictable jury. Conversely, weaker evidence might give the at-fault party and, more importantly, the insurance company, a reason to fight you in court instead of making an attractive settlement offer.

Legal Representation

The lawyer for personal injury cases you choose to handle your claim can make a significant difference in the outcome. Experienced and skilled attorneys know which tactics insurance companies tend to use and can negotiate with them effectively.

FAQ

How Does a Virginia Personal Injury Lawyer Get the Most Out of a Personal Injury Claim?

Personal injury settlements and jury verdicts are not meant to be windfalls. However, an attorney for personal injury claims has the best chance of obtaining the compensation you deserve by fully documenting all your losses and expenses. Expert testimony can also help predict your future costs and losses.

Is There a Typical Amount of Compensation You Can Get for Pain and Suffering?

The value attributed to pain and suffering will vary depending on the severity and duration of your injuries. Injuries that have lasting effects, such as long-term disabilities or permanent scars, will be worth more than those that will fully heal.

Are Some Injuries Worth More Than Others?

The effect of an injury can have a great influence on its value. For example, an injury that forces you to change careers would entitle you to more compensation than one that causes you a temporary loss of income.

Contact an Experienced Attorney for Personal Injury Cases Today

Personal injury claims can be incredibly complex in Virginia, involving a multitude of factors. At Commonwealth Law Group, our seasoned attorneys have successfully protected the rights and futures of injured clients just like you throughout Richmond. Contact us for a free consultation with a trusted legal team today.