In representing drivers and passengers who have experienced car accidents in Virginia, we know that merely recovering the cost of vehicle damages and medical bills is not always enough to make a person whole again. At Cranwell & Moore, P.L.C., we understand the needs of car accident victims. Accident victims may also seek pain and suffering damages to help them overcome the non-monetary damages of their injuries.
As FindLaw explains, pain and suffering damages in Virginia are based on the intangible costs of a car accident. These costs can include the long-term pain a person may suffer as a result of his injuries and the inconvenience that the car accident has caused in his life. Pain and suffering determinations also encompass the mental, emotional and physical anguish of permanent disfigurement or disability as the result of the accident. In most car accident cases, a jury determines whether pain and suffering damages should be awarded and in what amount.
Pain and suffering damages are limited in Virginia by several factors: the entity from whom recovery is being sought, the doctrine of pure contributory negligence and the statute of limitations in a case. If a person’s injuries were caused by an agent of the Virginia state government, the damages he can recover are limited by law to $100,000 or the maximum coverage of the state’s insurance policy on that agent. Under the doctrine of pure contributory negligence, if a jury finds that an accident victim was negligent and that his negligence contributed to the accident to any degree, the victim cannot recover damages, even if the other party was 99 percent at fault. An accident victim can also generally recover damages only if he filed a lawsuit in court within two years of his accident.
The costs of a car accident can be devastating and last a lifetime. For more information on car accident damages, please visit our website.