Key Takeaways:
- Online calculators cannot accurately estimate the value of your personal injury claim.
- Several factors influence settlements, circumstances of the accident, extent of the injury, and insurance coverage.
- Your settlement may compensate you for medical bills, lost wages, pain and suffering, and other losses.
Three Key Elements in Calculating Personal Injury Damages in Virginia
Dealing with insurance companies after an accident is tricky. Because they are more concerned with protecting their bottom line, you can’t trust them to evaluate your claim fairly. Multiple factors influence settlements, making it hard to calculate a personal injury settlement without help from an attorney.
1. The Extent of Injuries
Your specific injuries are a major factor. Generally, the greater the severity of your injuries, the more your claim is worth. You may anticipate a larger settlement if you require lengthy treatment or multiple surgeries or if your injuries are permanent.
The insurance company will review your medical records post-crash to see how badly you were injured. They’ll also consider other details, such as whether you had a pre-existing problem aggravated by the accident.
To demonstrate the extent of your injuries, your attorney will assemble your related medical records and may request statements from your treating physicians. If you require ongoing care, they’ll document that as well.
2. Available Insurance Coverage
Not all drivers carry large car accident insurance policies. If someone with minimum coverage hits you, obtaining a settlement that fully covers the extent of your losses may be difficult.
However, even if the at-fault driver’s policy has limited coverage, there may be other policies your attorney can pursue.
For example, if a truck driver was responsible for a multi-vehicle accident, your attorney will likely file a claim against their commercial insurance policy. But suppose an investigation determines a truck part failed or the trucking company did not conduct proper background checks. In that case, you may have a claim against the part manufacturer or the driver’s employer.
3. Contributory Negligence
Fault is important in any car accident claim, but it’s an important factor in Virginia. Virginia is one of the few states that enforce a contributory negligence doctrine. Under this principle, a plaintiff may not recover damages if they are minimally at fault for the accident. Therefore, if you’re even slightly responsible for the wreck, insurance companies will argue contributory negligence to eliminate their liability.
This doesn’t mean your claim won’t be successful, however. Our Virginia car accident lawyers understand the state’s contributory negligence standard and what it takes to overcome the legal barriers for an optimal outcome. They’ll do what they can to prove the other driver’s at-fault actions.
Factors Used in Virginia Personal Injury Calculations
Multiple elements go into determining the value of a damage claim in a personal injury case. Several that may come into play during the settlement process include:
Lost Earnings
Did the car accident leave you unable to work? If so, for how long? Those are questions your attorney considers during the claims process.
Lost earnings are fairly easy to calculate. The final number takes into account your regular pay and the length of time you were off the job. If you used any paid vacation or sick time, your lawyer will include it as part of your costs.
Future Lost Income
Severe injuries may make it impossible to return to your job. If you’re in this position, your attorney will project the value of your future lost wages.
Their estimate may be short-term if you require time away from work for physical therapy or surgery but expect to recover in less than a year. If your injuries are permanent, it’s a lifelong calculation.
Past Medical Expenses
Another consideration is medical costs. Your attorney totals the bills from hospital stays, doctor’s visits, medication, and other expenses. That’s usually easy to tally because you’ll have statements from your treating physicians.
Because of this, it’s smart to avoid accepting a settlement until you know the full breadth of your injuries. Some may not appear for several weeks following an accident. Get the all-clear from a physician before you sign off on an agreement.
Future Medical Expenses
Serious car accident injuries often require ongoing treatment that can last months or years. If it’s been only a few weeks since the accident occurred, you won’t know the total costs yet. Your attorney will work with your medical team to understand your treatment plan and get a realistic assessment of your future expenses.
Pain and Suffering
The emotional strain of a car accident can be even more harmful than physical injuries. Because no one can see your emotions like they can your physical injuries, it’s tricky to put a value on them. Your attorney will note any symptoms you’re experiencing and whether you’re working with a physician for treatment. Those factors help assess what to ask for in a personal injury settlement.
Wrongful Death Damages
Not everyone walks away from a car accident. If your loved one died in the collision and you’re filing a claim for wrongful death, your attorney will seek damages for mental anguish and loss of companionship. You may also request compensation for the loss of their income or services, the cost of their funeral, and any medical expenses related to the accident. If the at-fault driver’s actions were particularly egregious, you may qualify for punitive damages.
Find Out the Value of Your Personal Injury Claim from an Experienced Virginia Attorney
Personal injury calculations are notoriously complex. Although the insurance company may tell you otherwise, there is no simple plug-and-play method of assessing overall damages after an accident. You may leave money on the table if you try to deal with insurance companies alone.
After a car accident, the best thing to do is seek high-quality legal representation. Our experienced Virginia personal injury lawyers will fight to get you what you deserve. Call us today at (757) 333-3333.
No information in this blog is intended to constitute legal advice. Schedule a free consultation with an attorney for help.
