Economic vs. Non-Economic Damages in Virginia Injury Cases

You can seek economic and non-economic damages in a Virginia personal injury case. Economic damages cover things with a set dollar amount, like medical bills and lost income. Non-economic damages pay for intangible losses like pain and suffering and lost quality of life. A Virginia personal injury lawyer can estimate the type and amount of damages you could recover for your injuries and handle the injury claim process on your behalf.

What Compensation Is Included in Economic Damage Awards?

Economic damages cover financial losses that result from an injury. Examples of economic damages in a personal injury claim include losses like the cost of medical bills for treatment, hospitalization, surgeries, physical therapy, and medication. If your injury requires ongoing attention, you can also get economic damages to cover your expected future medical expenses.

You can also recover compensation for lost wages if your injury keeps you from working. If your injury affects your ability to work long-term or return to your former line of work, you can also seek personal injury damages for reduced earning capacity. Other out-of-pocket expenses, like transportation to doctor visits or help at home during recovery, are also economic damages.

In most cases, you need proof of each cost to receive economic damages. Medical bills, receipts, pay stubs, and tax returns can document your losses. A personal injury attorney can help you gather documents to show the financial burden you incurred due to your injury.

What Are Non-Economic Damages?

Non-economic damages pay for losses that do not come with a set dollar value but have a profound impact on your life. Examples include physical pain, mental suffering, or emotional distress. Non-economic damages can also address other ways the injury impacted you. For instance, victims can recover money for lost of enjoyment of life if they can no longer participate in activities they once enjoyed.

If your injury causes a change in your relationship with a spouse, you could also seek damages for loss of companionship or affection, or loss of consortium. Disfigurement or permanent scarring also falls into this category as well.

In determining the value of non-economic damage awards, courts consider how your injury has changed your daily life, not just your physical condition. Testimony from you, your doctor, or people close to you can demonstrate the impact. An experienced personal injury attorney can support your claim by gathering and presenting evidence of your non-economic losses.

What Factors Influence the Amount of Damages That Could Be Awarded?

Several factors can affect how much money you could recover in a Virginia injury case. Common considerations that insurance companies, judges, and juries consider when determining damage awards include:

• Injury severity — A catastrophic injury that causes lasting pain, disability, or a major change in your body or appearance is worth more than one where you fully recover.
• Length of recovery — If you have a longer recovery period, you should seek higher damages. A healing period that lasts several weeks will not affect your life as much as one that takes months or years.
• Impact on daily life — An injury that keeps you from doing everyday things like cooking, walking, or spending time with your loved ones could increase the amount you receive.
• Credibility of testimony — Statements from witnesses, doctors, and relevant professionals with helpful knowledge and insights can show how the injury affected you and improve your chances of maximizing your damages.
• Shared fault — Virginia follows a strict contributory negligence rule. If the court finds you were even slightly at fault, you could lose your right to recover compensation.

Does Virginia Place Any Caps on Injury Damage Awards?

Yes. Virginia personal injury law limits the money you can recover in specific types of personal injury cases. For instance, there is a cap on the damages you can recover in medical malpractice cases. The amount changes each year. For acts of medical malpractice that happen between July 1, 2024, and June 30, 2025, the most you can recover is $2.65 million. These amounts are set to increase by $50,000 annually until 2031, when the maximum will be set at $3 million.

Virginia also limits punitive damages, which are monetary awards defendants must pay as punishments for wrongdoing rather than to cover a victim’s specific losses. Under Virginia law, no one can recover more than $350,000 in punitive damages, no matter how serious the case.

Finally, if you sue the Commonwealth of Virginia or one of its employees, state law limits your total recovery to $100,000 unless a higher insurance policy applies.

Does Virginia Have a Statute of Limitations for Filing an Injury Case?

Yes. For most Virginia personal injury cases, the statute of limitations generally gives you two years from the date of your injury to file a lawsuit. If you wait too long, the court will likely dismiss your case, and you won’t be able to recover anything.

Certain exceptions apply that could shorten the deadline for your case. For example, you have just one year to file a notice of claim if you wish to sue a government entity.

In other situations, the statute of limitations could be delayed, or “tolled.” If the accident victim is a minor, the starts ticking after they turn 18. Similarly, the statute of limitations pauses for incapacitated individuals. In those cases, the clock resumes when the victim regains capacity.

With such varying deadlines, it’s wise to consult an experienced attorney to learn the time limits that apply to your case and assist you throughout the legal process.

Contact a Virginia Personal Injury Lawyer

The proven personal injury lawyers at Lichtenstein Law Group PLC have over 100 years of combined legal experience serving injured people across Virginia. Whether you were hurt in a car crash, commercial truck accident, or through the wrongful actions of a doctor or product designer, our attorneys know how to advocate effectively and fight for maximum compensation. Contact our law firm now for a free initial consultation.