How Personal Injury Settlements Work in Virginia

Personal injury is precisely that, an injury. It is a physical injury to an individual that involves pain, suffering, discomfort, monetary loss, and more.

In many personal injury cases, we see these effects snowball. Due to an injury, an individual might not be able to work, so they lose their income and cannot pay for their medicine, therapy, or other treatments. As a result, their condition worsens.

People in these situations did not do anything to cause their pain and deserve compensation. A personal injury case is complicated and requires the work of a lawyer. Learn how a personal injury case works and all the nuances of pursuing compensation and justice.

What Counts as Personal Injury in Virginia?

A personal injury occurs when someone, through intentional or negligent actions, causes you to suffer physical injuries or mental or emotional harm. Personal injury cases typically fall into one of two categories:

• Intentional tort: A person does something with the intent to cause you harm. Examples include assault and defamation.
• Negligence: A person breaches a duty of care that they owe to you or the general public, causing injury to you.

How Does a Personal Injury Case Work?

Because no two accidents are the same, no two personal injury cases will be the same either. This makes it challenging to develop a standard across all personal injury cases. You cannot base the outcome of your case on how another person’s case may have gone.

It is much more important to consult with a legal professional who can work with the nuances of your case. However, there is a typical timeline that most personal injury cases follow when you look at the bigger picture.

You should consult with a personal injury lawyer as soon as possible so they can evaluate your case and then begin to address its nuances.

The Defendant Injures the Plaintiff

As you can imagine, the defendant can injure a plaintiff in many ways. Typically, injuries are due to negligence, recklessness, or carelessness. Examples of personal injury include but are not limited to:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Medical malpractice
• Nursing home abuse
• Product liability
• Premises liability
• Workplace accidents
• Wrongful death

The only exceptions still under personal injury are contractual breaches, handled under a separate body of law called “contract law.”

The Plaintiff Establishes The Defendant Breached a Legal Duty

To successfully settle or win a personal injury case, the plaintiff must demonstrate the defendant breached a legal duty they owed to the plaintiff. For example:

• Manufacturers must build and/or distribute products that are not defective or unreasonably dangerous.
• Employers must teach their employees how to operate equipment properly to avoid injury.
• Commercial truck companies have the legal duty to perform necessary maintenance and repairs on vehicles their drivers operate.
• Property owners have a duty to fix dangerous conditions, such as broken steps.

The specific measure of legal duty will depend completely on the situation in which the plaintiff sustained the injury.

Settlement Outside of Court May Occur

Once it is made clear the defendant did indeed breach a legal duty they owed to the plaintiff, the defendant can choose to:

• Settlement: Settle outside of court and pay the plaintiff compensation outright or through their insurance company in exchange for the victim not filing a personal injury lawsuit.
• Go To Court: Take the case to court and let a judge or jury decide whether the defendant is guilty and the compensation the injured person will receive.

Accepting a settlement is a reasonably common occurrence in personal injury cases. People opt to settle when:

1. The settlement amount is not enough to justify paying legal and court fees
2. The defendant offers a fair settlement early on
3. A settlement offer is comparable to what could be awarded through a trial

Some injury victims will choose to go to trial if:

1. Their attorney feels the chances of winning the case are high
2. The settlement amount is lowballed or disputed
3. The accident victim wants the personal injury claim to be made public

On the other hand, some defendants prefer court because:

1. They feel the plaintiff’s attorney is demanding too high a settlement
2. Their insurance company does not want to set a precedent for the type of injury case

After A Personal Injury Case Ends

If a plaintiff accepts the settlement, the case ends. If the plaintiff does not accept, they may file a personal injury lawsuit and go to court. Settlement negotiations may continue beyond this point and can be reached at any time before the civil case is handed to the jury.

Should a court case occur, your case can involve various financial considerations:

• Economic damages, including medical expenses, future medical treatment, future medical costs, lost wages, loss of future earning capacity, property damage, and other tangible and quantifiable damages.
• Non-economic damages, including pain and suffering, loss of companionship, loss of enjoyment of life, emotional distress, mental anguish, and PTSD, are a few types of damages that are difficult to quantify.
• Punitive damages (in rare cases) to punish the defendant, set a public example, or deter others from the same action or behavior.

What Types of Damages Can Be Recovered in a Virginia Personal Injury Case?

Several types of damages may be available, depending on the circumstances of your case.

Economic Damages

Economic damages compensate you for losses that come directly out of your pocket, either now or in the future, such as:

• Medical expenses;
• Lost earnings;
• Rehabilitation costs;
• Loss of earning capacity;
• Property damage; and
• Funeral expenses in wrongful death cases.

Non-Economic Damages

Some damages are not as easy to quantify. Non-economic damages compensate you for the effect that your injuries have had on your quality of life, such as:

• Pain and suffering;
• Emotional distress;
• Disfigurement; and
• Loss of enjoyment of life.

Punitive Damages

Punitive damages may be available in cases where the defendant acted in a particularly horrific manner. As the name suggests, the purpose of punitive damages is to punish the defendant rather than compensate the injured party. The Supreme Court of Virginia has held that punitive damages require evidence of “misconduct or malice, or such recklessness or negligence as evinces a conscious disregard of the rights of others.”

How Long Will It Take to Get My Personal Injury Settlement Money?

There is no definitive timeline for receiving compensation in personal injury cases. The following factors can impact the amount of time it takes:

• The complexity of the case;
• The complexity of your injuries;
• Whether the defendant could raise a contributory negligence claim;
• The other party’s willingness to negotiate; and
• The number of plaintiffs.

The Statute of Limitations

A statute of limitations sets a time limit on how long you can wait to file a claim. In Virginia, the time limit is two years from the date of your accident. This may seem like there is no need to rush. However, two years can quickly become two months if you procrastinate, so contact your personal injury lawyer to receive a free case evaluation as soon as possible after the incident.

A Claim Involving Government

Virginia law dictates particular actions you must take if the liable party in your accident is a city, county, or state government entity. For example, if a dangerous hazard on a city street, such as an unmarked, open manhole, caused your car to jerk out of control and crash, you may find yourself suing the city government for compensation. A skilled, experienced personal injury attorney will know how to approach this situation.

Shared Liability in Virginia

Virginia is among only four states and the District of Columbia sanctioning pure contributory negligence in personal injury cases. If a judge finds you were even one percent to blame for your injury, you are not eligible for compensation. Therefore, an accident lawyer’s assistance is critical in proving your claim.

Limits on Damage Awards

On a brighter note, Virginia does not impose general limits on the potential amount of compensation you can receive. The exceptions are medical malpractice actions, in which damages are limited to $2 million or less, and punitive compensation, which the state limits to $350,000.

How Does a Virginia Personal Injury Lawyer Help?

An experienced personal injury attorney can perform the following services and more:

• Evaluating your case and calculating the damages owed to you;
• Investigating the accident;
• Gathering evidence;
• Identifying and interviewing witnesses;
• Preparing a claim for the insurance company;
• Negotiating with the insurance adjuster;
• Preparing a lawsuit, if necessary; and
• Advocating for you in court.

Why Work With Montagna Law

Clients often choose to work with Montagna Law, as we are well-known in the Hampton Roads area as a law firm that aggressively advocates for their rights and tirelessly works on their behalf. Our attorneys are well-versed in both federal and Virginia laws, and we know how to evaluate a case, gather evidence, and pursue the right course of legal action.

Montagna Law is highly rated by their clients and respected by their peers. Their success includes:

• Settling a truck accident case for $995,000;
• Settling a car accident case for $750,000; and
• Settling an industrial accident case for $1.9 million.

As a law firm dedicated to championing the rights of auto accident and other injury victims, our caring and compassionate attorneys will be fully committed to helping you with your case, what you and your loved ones need will dictate how we approach the handling of your case as we pursue fair compensation.

Testimonials

“Pleasure doing business with Mr. Montagna for driving-related cases; got charged with reckless driving and got out with defective equipment. Great service with [a] discount to military personnel.” — Bohao W.

“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” — Constance H.

“Working with Katie Jones at Montagna Law was the best decision I made in my fight for disability. [She] and Tyler made the process so much more comfortable. And eased so much stress and anxiety which helped me, my family and so many more. Katie is incredible to work with. She knows the answer you are looking for and steps in at your side to get all the stuff that is needed for the situation. I am very happy that I went on this journey with her by my side, I was a wreck when we started and I have come out strong and I owe that to her for all her hard work that she put into my case and getting my award for disability. She listens and really works to make sure her clients know every step and procedure that is being taken and how it’s being done. If I ever have to fight for something again in my life she will be the Lady I call. Thank you Katie from the bottom of my heart you will always be part of my family now and forever.” — Kim S.

Let a Personal Injury Lawyer Take This Off Your Plate

Our lawyers understand the challenges you face after suffering a serious injury, and we will do everything we can to help ease your suffering by pursuing the maximum compensation to lessen the financial burdens associated with your medical bills. Should you select Montagna Law as the firm to represent you in your Virginia personal injury case, you can count on strong communication and transparency, we will always be there for you. You can call our office or fill out our online contact form to get in touch with our attorneys at any time.