Blog Layout

How are Damages Calculated in Accident Cases in VA?

Rashar Morton • Nov 28, 2018

When an individual is seriously injured do to the negligence or reckless actions of another party, it can turn their whole world upside down. Injury victims often deal with hardships such as mounting medical bills and lost wages due to time missed from work. This can put enormous financial and emotional stress on the entire household. Individuals who are injured in an accident that another party was responsible for deserve to be compensated for their losses. This compensation is often referred to as “damages.”

Compensatory Damages in Virginia Accident Injury Cases

Damages meant to compensate for the victim’s losses in an accident injury case are divided into two general categories; economic damages and non-economic damages. Economic damages are actual losses that can be quantified, while non-economic damages are those that are hard to assign a dollar figure to.

Economic Damages

Examples of economic damages for injury cases may include:

  • Property Damage: In many VA accident cases, damage is done to the property of the injury victim. For example, in an automobile crash, it is not uncommon for vehicles to be severely damaged or totaled.
  • Medical Bills: As mentioned earlier, accident injury victims often incur major medical expenses. This can include hospitalization, medical treatment, rehabilitation costs, and the cost of ongoing medical care in cases which result in a permanent debilitating condition.
  • Lost Wages: An injured party from an accident often has to miss a lot of time from work to recover. In more severe cases, this could add up to several weeks or even months out of work. When victims suffer a debilitating injury that prevent them from going back to work or force them to take a lower-paying job, they should also be compensated for loss of future earning capacity.
  • Funeral/Burial Expenses: The most severe accidents can result in fatalities. When this occurs, the victim’s loved ones should be compensated for the costs incurred for their loved one’s funeral and burial.

Non-Economic Damages

Here are some examples of non-economic damages in an accident case:

  • Physical Pain and Suffering: Those who suffer from severe injuries have frequent and ongoing physical pain. This pain and suffering can go on for an extended period of time and in some cases, become permanent. You really can’t put a price on someone’s physically suffering, but the victim should be financially compensated nonetheless.
  • Emotional Distress: Another type of suffering that cannot be quantified is the emotional or psychological distress that comes from having to adjust to life after the injury. Some of the effects of emotional distress include fear, anxiety, and sleepless nights.
  • Diminished Quality of Life: When someone is injured in an accident, they are often robbed of their ability to participate in activities they once enjoyed. For example, if someone who used to run marathons has to have their leg amputated because of a car accident, they can seek compensation for loss of enjoyment.

Punitive Damages in Virginia

In rare cases in which the actions of the responsible party were especially egregious, punitive damages may be awarded to punish the wrongdoer and deter them (and others) from similarly egregious behavior in the future. Virginia statute § 8.01-38.1 caps punitive damages at $350,000.

How Virginia’s Contributory Negligence Laws Affect Damages

Virginia is one of only a handful of states that applies the legal standard known as “contributory negligence.” Under this standard, injury victims who are found to have “contributed” in any way to the accident can be barred from recovering compensation. This means that even if the other party is 99% at-fault, an injured party may not be able to recover damages if they are even 1% responsible. With such a high bar to clear, it is absolutely imperative that you work with a skilled attorney who understands Virginia law and has a proven track record with these types of cases.

Speak with an Experienced Virginia Personal Injury Lawyer

If you or someone close to you was injured in an accident, you need strong legal counsel in your corner aggressively advocating for your rights and interests. At Buck, Toscano & Tereskerz, we have helped countless clients successfully recover damages for injuries sustained due to the reckless actions or omissions of another party. We have in-depth knowledge of this area of the law, and we know what it takes to prevail against even the most complex and challenging cases.

For a free consultation with one of our attorneys, contact our Charlottesville office today at 434.977.7977. You may also send a secure and confidential message through our online contact form.

Joint Tenancy Problems in Estate Planning

By David Matine • 03 Nov, 2022
When two or more individuals hold title to real estate property together, the type of ownership that is very often used is called “joint tenancy with a right of survivorship.” Under this arrangement, each owner, referred to as a “joint tenant”, possesses an equal share of the property. And when one of the owners... Read More » The post Joint Tenancy Problems in Estate Planning appeared first on Buck, Toscano & Tereskerz, Ltd..

Virginia’s Transfer on Death Deed: What You Need to Know

By David Matine • 11 Oct, 2022
Virginia residents who own real estate property can use a transfer on death deed (TODD) to automatically transfer property directly to beneficiaries upon the owner’s death. This can be a good estate planning strategy, especially for those whose primary asset is their house and they do not have much other property. With a transfer... Read More » The post Virginia’s Transfer on Death Deed: What You Need to Know appeared first on Buck, Toscano & Tereskerz, Ltd..

Dividing an Annuity in a Virginia Divorce Settlement

By David Matine • 03 Oct, 2022
When a couple gets divorced, one of the most complicated issues that will need to be resolved is the division of marital property. This is especially true if the spouses have accumulated significant assets during the time that they were married. One marital asset that is particularly difficult to divide is an annuity. This... Read More » The post Dividing an Annuity in a Virginia Divorce Settlement appeared first on Buck, Toscano & Tereskerz, Ltd..

How to Recognize Fraud in Estate Planning

By David Matine • 30 Aug, 2022
The goal of anyone making an estate plan is to make the probate process stress-free for their surviving loved ones as their final wishes are carried out. Usually, estate planning documents, such as a legally valid will, can mitigate the majority of potential challenges and help avoid probate court controversy. However, estate planning fraud... Read More » The post How to Recognize Fraud in Estate Planning appeared first on Buck, Toscano & Tereskerz, Ltd..

Revising Your Estate Plan After The Death Of An Heir

By David Matine • 05 Aug, 2022
When an heir to an estate plan passes away, it is time to get in touch with an experienced estate planning lawyer to make the necessary changes to your plan.   If you need legal help with any type of estate planning matters in Virginia, contact Buck, Toscano & Terezkerz. We work closely with... Read More » The post Revising Your Estate Plan After The Death Of An Heir appeared first on Buck, Toscano & Tereskerz, Ltd..

Navigating a Home Transfer During a Virginia Divorce

By David Matine • 05 Aug, 2022
One of the most contentious issues that must be resolved during a divorce is the division of the marital estate. Whenever there is money and property involved, it can trigger emotional responses. One question that often causes these types of feelings is which spouse gets to keep the house that the couple is currently... Read More » The post Navigating a Home Transfer During a Virginia Divorce appeared first on Buck, Toscano & Tereskerz, Ltd..

Why Unmarried Parents Should Still Work Out Child Custody Arrangements

By David Matine • 05 Jul, 2022
Many cohabitating couples choose not to get married these days, and a lot of them have children together. Unmarried couples living with children they have together are not much different from married couples with children. And just like with a lot of marriages, unmarried couples often decide to split up as well, leaving the... Read More » The post Why Unmarried Parents Should Still Work Out Child Custody Arrangements appeared first on Buck, Toscano & Tereskerz, Ltd..

Digital Estate Planning: Protecting Your Online Assets

By David Matine • 29 Jun, 2022
When individuals prepare their wills, they are often only thinking about their physical property (such as real estate, vehicles, jewelry, etc.) and financial accounts. Digital estate planning is a fairly recent concept, and it is something that is frequently overlooked when people set up their estate plans. Digitized assets can be very valuable in... Read More » The post Digital Estate Planning: Protecting Your Online Assets appeared first on Buck, Toscano & Tereskerz, Ltd..

Estate Planning After Divorce

By David Matine • 15 Jun, 2022
If you have recently gone through a divorce, you may be feeling a sense of relief that the process is over, along with a combination of excitement and anxiety about what lies ahead. But before you get too far into your post-divorce life, there is one area that you should address: your estate plan.... Read More » The post Estate Planning After Divorce appeared first on Buck, Toscano & Tereskerz, Ltd..

How Do Inheritances Impact a Virginia Divorce?

By David Matine • 01 Jun, 2022
When couples are getting divorced and one of the spouses has received a significant inheritance (or they are going to receive one in the near future), they often wonder how this inheritance might impact the divorce settlement. What effect (if any) will an inheritance have on the division of property? How will it impact... Read More » The post How Do Inheritances Impact a Virginia Divorce? appeared first on Buck, Toscano & Tereskerz, Ltd..
More Posts
Share by: