Beyond medical bills and lost wages, a personal injury also causes varying degrees of pain and suffering. These emotional and physical hardships—often harder to quantify but no less real—are recognized by Virginia law, allowing victims to seek compensation for these non-economic damages.
While calculating these damages can be complex, understanding your legal rights and working with a qualified attorney ensures that all aspects of your suffering are properly accounted for. In today’s post, we’ll cover all you need to know about suing for pain and suffering in the state.
What Is Pain and Suffering in a Personal Injury Case?
Pain and suffering refer to the physical and emotional hardships a person endures after an accident.
This type of compensation accounts for both the immediate and long-term impact of an injury, from physical pain to emotional distress. Pain and suffering are classified as non-economic damages, meaning they aren’t directly tied to financial losses.
The distinction between economic and non-economic damages is crucial in personal injury cases. While economic damages cover tangible losses like hospital bills and lost wages, non-economic damages address the psychological and emotional consequences that affect a person’s well-being and lifestyle, including pain and suffering.
For answers to your questions, call:
800-321-6741
Proving Negligence for Pain and Suffering Compensation in Virginia
To recover compensation for pain and suffering in Virginia, simply demonstrating that you were injured isn’t enough. You must also prove that another party’s negligence directly caused your injuries. Successfully proving negligence relies on four elements:
- Duty of care: The defendant had a legal responsibility to act with reasonable care. For example, drivers must follow traffic laws and operate vehicles safely.
- Breach of duty: The defendant’s failure to meet that standard of care, such as speeding or driving under the influence, constitutes a breach.
- Causation: It must be shown the defendant’s breach of duty directly caused the injury, without which the harm wouldn’t have occurred.
- Damages: Victims must provide evidence of the harm they suffered, including medical expenses, emotional trauma, and lost income.
With Virginia following strict contributory negligence rules—meaning that if you’re even 1% at fault, you may be barred from compensation—the stakes are high. Experienced legal representation is crucial at this stage to ensure every element of your case is meticulously documented and strategically presented, giving you the best possible chance of securing the damages you deserve.
Factors That Determine Pain and Suffering Compensation in Virginia
To determine the amount awarded for pain and suffering, courts evaluate each case individually by considering the following elements:
- Severity of injury: More severe injuries typically result in higher compensation.
- Duration of recovery or permanent disability: Long-term recovery or permanent impairments justify more damages.
- Impact on quality of life: If the injury affects daily activities or hobbies, this will be factored into the compensation.
- Emotional and psychological distress: Anxiety, depression, or PTSD developed due to the injury are valid components of pain and suffering.
- Past case precedents in Virginia: The outcomes of similar cases also help determine the compensation amount.
Our lawyers gather evidence to demonstrate a victim’s pain and suffering. This includes medical records, police reports, witness statements, and expert testimony, each piece reinforcing the injuries’ severity and long-term impact. By building a well-documented case, we ensure we clearly convey and support a victim’s experience with objective evidence.
Click to contact us today
Is There a Limit on Pain and Suffering Damages in Virginia?
Virginia limits non-economic damages in certain types of cases. For example, the law limits non-economic damages in medical malpractice claims to $2.5 million, as per Virginia Code § 8.01-581.15.
However, there’s no general cap on pain and suffering damages in most personal injury cases, allowing plaintiffs to pursue fair compensation based on their case’s circumstances.
Complete a Free Case Evaluation form now
How Pain and Suffering Is Calculated in Virginia Personal Injury Cases
To calculate compensation for pain and suffering in personal injury claims, attorneys and insurance adjusters primarily use the following methods:
- Multiplier method: This approach involves multiplying the total economic damages (like medical bills and lost wages) by a number, typically between 1.5 and 5, based on the severity of injuries and recovery time.
- Per diem method: This assigns a daily rate (often equated to the victim’s wages) for each recovery day, quantifying ongoing pain and suffering over time.
Both methods offer structured ways to calculate pain and suffering and are useful in different circumstances. Our lawyers can help you value your non-economic damages accurately, ensuring your compensation claim reflects not only your economic losses but also the emotional and psychological toll of the injury.
How Long Does It Take to Receive Compensation for Pain and Suffering in Virginia?
The time it takes to receive compensation for pain and suffering in Virginia depends on the case’s complexity, the extent of injuries, and whether the claim settles out of court or goes to trial.
Negotiations with insurance companies may begin within weeks or months of filing, but some cases can take longer, especially if liability is disputed or evidence is still being gathered. Pre-trial phases, including discovery and negotiations, often take several months to a year.
If the case proceeds to litigation, the timeline is further extended, sometimes taking two to five years to resolve. Even after a trial, appeals or delays in payment could further prolong the process.
Working with experienced legal counsel will help streamline negotiations and improve the likelihood of timely compensation, but every case is unique and may unfold differently based on individual circumstances.
Claim Filing and Legal Process
According to Virginia’s statute of limitations, personal injury claims must be filed within two years from the accident’s date. Failing to meet this deadline results in losing the right to seek compensation altogether, so it’s important to seek legal help as soon as possible.
After filing, negotiations with insurance companies typically take several weeks to months to begin. During this time, your attorney collects crucial evidence and documentation to build a strong case, strengthening your position during negotiations and helping maximize your compensation.
The Role of Virginia’s Contributory Negligence Rule in Pain and Suffering Claims
Virginia follows a contributory negligence rule, which means that if the plaintiff is found to be even 1% at fault for the accident, they’re barred from receiving any compensation.
This rule makes it essential to have experienced legal representation by your side. A lawyer will work on your behalf to highlight the other party’s fault, handle liability disputes, and ensure you have the best chance of securing compensation.
Why It’s Important to Have a Lawyer for Your Pain and Suffering Claim in Virginia
Working with an experienced lawyer helps you maximize your pain and suffering compensation. At Tronfeld West & Durrett, we can assist you by:
- Gathering evidence
- Negotiating with insurers
- Calculating your damages’ full extent to maximize compensation
- Meeting legal deadlines and complying with diverse filing requirements
- Handling trial proceedings (if the case goes to trial)
Contact an Experienced Virginia Personal Injury Lawyer Today
When dealing with a pain and suffering claim, having an experienced personal injury lawyer on your side makes all the difference. Tronfeld West & Durrett attorneys bring over 50 years of experience and a wealth of knowledge and resources to your case. Plus, we don’t charge any fees unless we successfully recover compensation on your behalf.
You don’t have to navigate the legal system alone. Contact us today to schedule a free consultation and learn about the next steps.
Call or text 800-321-6741 or complete a Free Case Evaluation form