What Damages Can You Seek After a Virginia Car Accident?
Virginia law allows car accident victims to seek compensation for not only the financial damage the at-fault party caused, but also the personal harm they inflicted. The compensation can address physical pain, mental anguish, emotional distress, and the impact of the injuries on a victim’s everyday life.
A skilled and experienced car accident lawyer at Lichtenstein Law Group can help you understand the damages you could seek in your car accident claim and the potential sources for that compensation.
What Are Common Virginia Car Accident Injuries?
A car accident can cause life-altering harm in the blink of an eye. Even physical injuries that seem relatively minor can involve limited mobility, time off work, costly medical bills, and significant mental and emotional struggles. Some of the most common car accident injuries in Virginia include the following:
- Whiplash and soft tissue injuries
- Neck and back injuries
- Broken bones
- Internal bleeding and organ damage
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Psychological trauma.
An experienced car accident lawyer at Lichtenstein Law Group will work with medical professionals to understand the full impact your injuries have had on your daily life and determine the compensation you deserve.
What Damages Are Available in a Virginia Car Accident Case?
What damages can you seek after a Virginia car accident? The compensation in your car accident claim will depend on the circumstances. However, in general, compensatory damages fall into one of the following two categories:
Economic Damages
Economic damages cover any measurable financial loss caused by the accident and your injuries. You can generally prove these damages by gathering all the bills, invoices, receipts, pay stubs, and other financial documents related to the accident. When you work with Lichtenstein Law Group, you will have a team on your side that will handle those details while you focus on recovering from your injuries.
Common forms of monetary damages include the following:
- Medical expenses – Emergency services, hospital stays, surgeries, doctor’s appointments, medications, medical devices, physical therapy, rehabilitation, and future medical expenses
- Lost income and wages – Hourly wages or salary, commissions and tips, missed raises or promotions, sick days, vacation time, medical benefits, future lost wages, and reduced earning capacity
- Property damages – The cost of repairing or replacing your car and any other property damaged in the collision, as well as compensation for the diminished resale value of your car.
Non-Monetary Damages
Non-monetary damages cover the personal harm caused by the at-fault party, such as physical pain and emotional trauma. These types of damages may not come with receipts, but they do carry significant value. They often represent the most profound impacts of a car accident. They include the following:
- Pain and suffering – The physical pain and mental anguish the victim endures due to the accident and its impact on their daily life
- Emotional distress – Struggles with anxiety, depression, PTSD symptoms, and other psychological and emotional issues caused by the accident.
Punitive Damages
In cases of extreme negligence or recklessness, courts may award punitive damages to car accident victims. These damages punish the at-fault party and discourage future dangerous behavior. Examples of situations in which punitive damages might apply include drunk-driving accidents and excessive speeding.
What Are Virginia’s Insurance Coverage Requirements and Laws?
As of July 1, 2024, all drivers in Virginia must carry minimum liability insurance. Before that date, the option to pay an annual uninsured motor vehicle fee was available. The new legislation requires insurance for everyone on the road. The minimum liability insurance law in Virginia provides:
- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $25,000 for property damage per accident.
Uninsured/underinsured motorist coverage (UM/UIM) is also mandatory under Virginia law. These forms of coverage can protect you when the at-fault driver flees or does not have adequate insurance. An experienced Virginia personal injury lawyer can evaluate your case and help determine your options for seeking maximum compensation.
What If the Driver Who Hit Me Does Not Have Enough Insurance?
If the damage exceeds the at-fault driver’s policy limits, you may still have options for recovering compensation. Common sources of compensation include the following:
- Your own underinsured motorist coverage
- A separate claim against the at-fault driver directly
- Other potentially liable parties, such as an employer or vehicle owner
The at-fault driver’s insurance falling short can feel stressful, but hope remains. Never assume you’ve exhausted all potential avenues for recovery until you’ve spoken with an experienced personal injury attorney.
Does Virginia Set a Deadline for Filing a Car Accident Lawsuit?
Under Virginia law, you must typically file a car accident lawsuit within two years of the date of the accident for injury claims, and five years from the date of the accident for property damage claims. For wrongful death claims, you have two years from the date of death to pursue compensation.
Missing any of these deadlines can mean losing your right to seek compensation. Remember that evidence can disappear quickly, witness memories can fade, and insurance companies can employ stalling tactics to push victims past the filing deadline. So, don’t hesitate to seek legal counsel and begin pursuing your claim as soon as possible.
Contact a Virginia Car Accident Lawyer
Determining the full value of a car accident claim requires the help of an experienced law firm. The team at Lichtenstein Law Group has helped injured Virginians seek full and fair compensation in personal injury claims for nearly 35 years. We work with medical and financial professionals to assess the full impact of your injuries on your daily life and finances and fight for maximum compensation on your behalf.
Contact us today for your free, fully confidential consultation with our Virginia car accident attorneys at Lichtenstein Law Group.
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John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.