Examples of Virginia Pain and Suffering Settlements & Verdicts

Victims who suffer personal injuries after an accident often struggle to understand what qualifies for a pain and suffering settlement, causing confusion and anxiety about their potential compensation.

This uncertainty can result in victims undervaluing their claims or facing prolonged legal battles without a clear direction, adding to their stress during an already difficult time.

By providing a comprehensive breakdown of what constitutes a lawsuit for pain and suffering, along with a detailed example, Montagna Law’s personal injury attorneys aim to empower victims with the knowledge they need to pursue fair compensation confidently.

Key Factors Influencing Pain and Suffering Settlement Amounts in Virginia

The value of any personal injury settlement is dependent on numerous factors, including:

• Liability: Defining who is responsible for the injury is the first implication. If the other party is fully to blame, the compensation owed by them to the victim is likely to be higher.
• Severity of injuries: Sustained injuries, more complex treatment processes, or ongoing disability requirements increase the value of the settlement.
• Lost wages and benefits: A person who is unable to work due to an injury will likely receive a higher settlement than those who do not miss work or miss a limited amount of time.
• Medical expenses: A large component of most personal injury claims are medical expenses, including hospital and care costs, hospital charges, and other costs related to medical care needed as a result of the injury.
• Pain and suffering: The physical and emotional distress you felt during the injury and recovery process fall into this category. Those injuries that cause more pain or last longer could deserve a higher settlement.
• Coverage from insurance companies: Insurance companies only pay up to the maximum coverage provided. If the at-fault party does not have enough compensation, the settlement may be limited unless you file a lawsuit.
• Statute of limitations: The statute of limitations is the length of time you have to file a claim under the state’s laws. In Virginia, there is a two-year limit on personal injury and wrongful death actions.

Is There a Cap on Pain and Suffering in Virginia?

While some states impose a cap on how much compensation you may claim as pain and suffering, there is no cap in Virginia.

Example of a Pain and Suffering Settlement in Virginia Personal Injury Case

Consider several examples of pain and suffering to determine what a case may be worth. Pain and suffering settlements in Virginia personal injury cases differ from one person to the next.

Victim

Jane Doe is a 30-year-old marketing consultant.

Accident Details

Jane was involved in a serious car accident when another driver ran a red light and struck her vehicle. The accident resulted in multiple injuries for Jane, including a broken arm, whiplash, and severe psychological distress.

Medical Treatment

Jane underwent surgery for the broken arm and received physical therapy for her whiplash. She then attended counseling sessions to help with her PTSD and anxiety onset from the accident.

Impact on Life

Due to her injuries, Jane was unable to work for six months, significantly impacting her income. She also experienced a decreased quality of life as she was previously an avid runner and outdoor enthusiast, but she could no longer enjoy these activities during her recovery.

Example Pain and Suffering Settlement Successes

Consider the following examples of how Jane’s recovery compensation may be determined.

1. High-Value Settlement

Jane’s attorney argued for a high-value settlement for Jane, considering the substantial medical expenses, lost income, and pain and suffering she had. As a result of the attorney’s actions and documentation of the injuries, she secured a settlement of $500,000, which covered her medical expenses of $50,000, lost wages of $100,000, and a significant amount for pain and suffering ($350,000).

2. Moderate Settlement

In this scenario, the attorney was unable to prove that a high level of suffering had occurred, resulting in a lower settlement value. Here, Jane received $250,000 accounting for her medical expenses and lost income, with far less for pain and suffering.

3. Lower Settlement

In the least favorable outcome, Jane was able to receive only $100,000 from the settlement, covering most of her expenses and some of her lost wages and pain and suffering.

Key Factors Influencing the Pain and Suffering Settlements

What is the difference in these cases? The accident victim is no different, and in all situations, she was suffering damages that were significant. Consider these factors that play a role in the accident case compensation claim.

Severity and Duration of Injuries

Jane’s significant physical and psychological injuries contributed to her higher compensation. They showed that she could not work for a period of time and that they affected her quality of life.

Lost Wages and Earning Capacity

In addition, Jane could not work for a period of six months, which played a significant role in determining the lost wage compensation she was owed.

Pain and Suffering

Pain and suffering is often the most common variable component of the process and depends on the attorney’s ability to argue how much the accident impacted a person’s quality of life beyond what their economic losses were.

Quality of Legal Representation

The ability and experience of Jane’s attorney play a big role in the outcome of her case. Because they are able to negotiate with companies and showcase her case as effectively as possible, it was clear a higher settlement amount was a factor.

What Is the Average Personal Injury Settlement in Virginia?

It is impossible to provide an average personal injury settlement figure. The value of any personal injury case is always to make the person whole again. This means providing monetary compensation equal to the losses they suffered. Every case must be evaluated on an individual basis to determine what those losses are. That is why it is critical to speak to a Virginia personal injury lawyer after a car accident, medical malpractice case, or other incident to receive the compensation you deserve.

With the help of a personal injury attorney, you will gain more insight into all of the types of losses you may have that extend beyond just your medical bills. Often, an injured person may be owed compensation for mental anguish, loss of quality of life, or ongoing physical pain that is hard to put a monetary value on without the help of an attorney.

How to Calculate Pain and Suffering in a Car Accident

With the help of an experienced law firm, you will learn more about the actual value of pain and suffering in your case. Your attorney and the insurance company are likely to use a formula to determine the value of your claim in this area. There are two common methods used:

Multiplier of Special Damages

This is the most common method used.

• All of your past and future medical bills and other economic damages are added together.
• This number is multiplied by a special damages value, usually between 1.5 and 10.
• The multiplier number is dependent on the carrier, adjuster, location of the incident, where the incident is occurring, as well as factors like a person’s liability and the seriousness of injuries.

Per Diem

The second method follows a daily rate method, called the per diem method.

• A certain dollar amount is assigned for each day a person has to live with pain.
• That dollar amount is multiplied by the number of days from the time of the accident to the trial or some future date based on your life expectancy.

Can You Sue for Pain and Suffering in Virginia?

You can sue for pain and suffering, the amount of which is not specific (as noted). Rather, you need to ask the judge to award a specific amount based on the severity of the injuries incurred. Most of the time, the value of pain and suffering claims is much more than your economic losses. This may include a wide range of factors, such as:

• Embarrassment
• Sadness
• Post-traumatic stress disorder (PTSD)
• Scarring and disfigurement
• Inability to engage in sexual activity
• Trouble with relationships (and much more)

How Are Damages Assessed in a Personal Injury Case?

There are several key types of damages assessed:

• Economic damages: These are clear dollar values based on the losses you have or are expected to have. Often, the use of a medical bill, documented loss of hours at work, and other documented evidence verifies the value.
• Non-economic damages: These are more subjective damages that depend on the severity of the injury and how it impacts your future.
• Permanent impairment: In situations where you will not recover, disability-related damages are also considered based on your age and expected loss of quality of life.

How Long Does It Take to Get a Settlement for Pain and Suffering in Personal Injury Claims?

Several factors play a role in the length of time it takes to receive settlements from a personal injury claim:

• How extensive your injuries are based on the type of injury
• The length of time it takes you to reach maximum recovery
• The amount of money awarded

Can You Get Compensation for Pain and Suffering Quicker With a Lawsuit?

In some situations, going to court is necessary to reach a fair settlement. While going to court takes longer, it is sometimes necessary to do so a person receives the compensation they need and deserve.

Why Work with Montagna Law for Your Personal Injury Case?

When you are facing physical injuries from an auto accident or other serious injury, you need to maximize the compensation you receive. Though personal injury law is confusing and can be difficult to navigate, having a trusted, experienced attorney available to help you is critical. We fight for our clients to be able to get the most out of their claims and, when possible, avoid long, drawn-out personal injury lawsuits.

Client Testimonials

“I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” — Constance H.

“Mr. Montagna provided clear and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field.” — Tyler X.

Fight for the Pain and Suffering Compensation You Deserve

Acting quickly after experiencing pain and suffering due to the negligence of another person is critical to support your claims. Delays make it much harder to find evidence to support those claims.

Instead, contact Montagna Law now or call 877-622-8100 for immediate assistance. We offer a free consultation to discuss your case with our team. During a free case evaluation, you will gain insight into all of your legal options.