Can You Sue for Pain and Suffering in Virginia?

If you suffer an injury, you might require medical treatment or miss time at work. Perhaps the accident damaged valuable property, like a car or your home. However, the worst part of an injury for many people is not the economic harm. The worst part is having to live with pain, being unable to participate in activities they once enjoyed, and suffering from sleeplessness, anxiety, nightmares, or other psychological strains. Thankfully, you can sue for pain and suffering in Virginia.

When another party caused the incident that left you injured, they owe you compensation. Economic or special damages reimburse the costs you incurred or will incur due to the injury. Non-economic or general damages compensate for your pain and suffering. The amount an injured person receives for pain and suffering is often far more than their economic damages.

What Counts as Pain and Suffering?

Multiple elements contribute to an injured person’s pain and suffering. There is embarrassment and sadness if they cannot do the things they used to do. An injured person might suffer inconvenience or humiliation if they cannot drive anymore or need help with daily activities.

Mental anguish is an element of pain and suffering. People who have been in accidents could face depression or have nightmares, flashbacks, or other symptoms of post-traumatic stress disorder (PTSD). A negligent party owes the accident victim pain and suffering damages for the symptoms’ impact on their quality of life.

Scarring or disfigurement could affect a person’s self-confidence and social relationships. Some injuries destroy the ability to engage in sexual activity. A head injury could impair a person’s ability to control their emotions, straining relationships with friends, colleagues, and family members. Pain and suffering damages compensate for all these consequences and more.

How Are Pain and Suffering Damages Calculated?

Pain and suffering are subjective, meaning they are different for everyone. Proving pain and suffering requires the attorney for an injured person to demonstrate precisely how the injury impacted or still impacts their life. If the person’s condition is permanent and will not improve, they should receive damages for the pain and suffering they experienced to date and will endure in the future.

A legal representative in Virginia could contrast the person’s daily routine before and after an accident. If they used to enjoy getting up early every morning and walking the dog on the beach, they deserve pain and suffering compensation if they cannot do that anymore. The more the injury changes the person’s life or limits their lifestyle, the higher the pain and suffering damages should be.

Many insurance adjusters and attorneys use a formula to get a ballpark figure for reasonable pain and suffering damages. The formula often involves multiplying the victim’s economic damages by a number between 1.5 and 5. The more severely the injury limits the injured person, the higher the multiplier. This formula can give a rough idea, but maximizing pain and suffering payments depend on the quality of proof the injured person presents. Furthermore, remembering that the amount an injured person receives depends on the insurance coverage available is essential.

A Virginia Attorney Could Evaluate Your Pain and Suffering Claim

If you were hurt in an accident, it is impossible to say with certainty how much you might receive for your pain and suffering. A seasoned Virginia personal injury attorney could give you a rough estimate based on the duration of your recovery, activities before the accident, and the injuries’ lingering impacts. Reliable information helps you make better decisions. Call an attorney at our firm today to discuss if you can sue for pain and suffering in Virginia.