Non-Economic Damages in a Virginia Injury Case

Non-economic damages are commonly referred to as “pain and suffering” damages. They may include the loss of ability to do things that someone enjoys, the loss of ability to participate in hobbies, consistent pain, consistent loss of opportunities, and loss of certain features that are unique to a person’s life. Other types of damages in Virginia include punitive and economic damages.

For example, if the injured individual was training very hard for a marathon but broke their foot in the injury and was unable to run in the race that they worked so hard to complete, that is a non-economic loss. Injured individuals may also have future losses from not being able to participate in the activities of their interest. A personal injury attorney can express non-economic damages in a way that can maximize recovery for the injured party.

How a Virginia Personal Injury Lawyer Can Help Obtain Non-Economic Damages

Virginia personal injury attorneys works hard to help clients obtain non-economic damages if the clients have been injured as a result of someone else’s negligence. The ability to recover non-economic damages is one way to distinguish an average attorney and an experienced personal injury attorney.

An experienced attorney can take a personal injury case with modest economic damages, including medical bills and lost wages, and increase the value of the case significantly by putting the adjuster, the other attorney, and the finder of facts in the shoes of the injured party in showing how their life truly has been affected negatively by the negligence of someone else’s actions.

Importance of Non-Economic Damages

Non-economic damages are very important because they are truly the personal, unique parts of each individual injury case. One person’s non-economic damages are not going to be the same as another’s, even if their actual medical injuries are very similar. Every person is unique. Every life story is unique. Every opportunity that is lost as a result of the negligence of another is unique. An experienced and talented personal injury attorney can make sure that those personal life stories are truly considered when evaluating a case and deciding what damages are appropriate.

Necessary Evidence For a Person Requesting Non-Economic Damages

There are a variety of different types of evidence that may be presented in pursuing non-economic damages. The testimony depends certainly on the uniqueness of the case, the client’s personal background, and their life story. Often the testimony of the injured is vital to a non-economic damages case. The testimony of family members, business associates, or friends is necessary to give the fact finder a well-rounded idea of what the person is facing and how his or her life has been changed as a result of the negligence of another.

Economic Caps on Non-Economic Damages in Virginia

An economic cap is the maximum economic recovery of the case. There are no economic caps for recovery for most cases in Virginia, although there are punitive damages cap.

Importance of a Virginia Personal Injury Lawyer in Obtaining Non-Economic Damages

Injured individuals should seek the advice of an attorney to help with non-economic damages because it is often very difficult for individuals to express how their life has been affected by the injury.  It is also difficult for individuals to know the types of evidence that are helpful and should be presented and what types of evidence are not acceptable. An experienced Virginia personal injury attorney knows how insurance companies and how other attorneys value cases. They also know what evidence should be presented to receive the best possible outcome, as well as how to present the evidence and testimony of other witnesses in the most effective way.