One question Kevin Mottley gets asked by clients frequently is, "What type of compensation can I recover for my personal injuries?" In Virginia, where The Mottley Law Firm is located, as in other states, the Supreme Court of Virginia and established law have specified over the years the types of damages you can recover in a personal injury case.
Economic Damages
Medical Bills and Expenses
You can recover compensation for medical bills—not only medical bills that have already been paid, but also medical bills that need to be paid in the future to continue taking care of your injuries. This includes:
- Emergency room treatment
- Hospital stays and surgeries
- Doctor visits and specialist consultations
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment and assistive devices
- Home healthcare services
- Future medical treatment and care
Lost Wages and Earning Capacity
Virginia law allows recovery for lost wages both in the past and any loss of earning capacity in the future caused by the injuries. This compensation addresses:
- Time missed from work due to injuries
- Reduced ability to earn income in the future
- Lost opportunities for career advancement
- Inability to return to your previous profession
- Need for vocational retraining or career changes
Non-Economic Damages
Pain and Suffering
Virginia law recognizes compensation for bodily injuries, pain, inconvenience, and suffering that the person has experienced. This includes:
- Physical pain from the injuries
- Emotional distress and mental anguish
- Inconvenience caused by the injuries
- Loss of enjoyment of life
- Reduced quality of life
- Impact on personal relationships
Scarring and Deformity
If you have suffered any deformity or scarring as a result of your injuries, this is also a recoverable item under Virginia law. This compensation addresses:
- Permanent scarring from the accident or medical treatment
- Disfigurement that affects appearance
- Loss of limbs or other body parts
- Permanent disability or physical impairment
- Impact on self-esteem and social interactions
Understanding Virginia's Damage Categories
Economic vs. Non-Economic Damages
Virginia law recognizes both economic damages (those with a specific dollar amount, like medical bills and lost wages) and non-economic damages (those that compensate for intangible losses like pain and suffering).
Past vs. Future Damages
Both economic and non-economic damages can be awarded for past losses (what you've already experienced) and future losses (what you're likely to experience going forward). This is particularly important in catastrophic injury cases where ongoing care and limitations will continue for years or even a lifetime.
Factors That Affect Compensation Amounts
Severity and Permanence of Injuries
More severe and permanent injuries typically result in higher compensation amounts because they cause greater economic losses and more significant pain and suffering.
Impact on Life and Work
The degree to which your injuries have affected your ability to work, care for yourself, and enjoy life activities directly impacts the amount of compensation you may receive.
Age and Life Expectancy
Younger victims may receive higher awards for future lost earning capacity and future medical expenses because they have more years of life ahead of them.
Special Considerations in Virginia
Contributory Negligence Rule
Virginia follows a contributory negligence rule, which means that if you are found to be even partially at fault for the accident, you may not be able to recover any compensation. This makes it crucial to work with an experienced personal injury attorney who understands how to protect your rights.
No Punitive Damages in Most Cases
Unlike some states, Virginia generally does not allow punitive damages in ordinary personal injury cases. The focus is on compensating the injured person for their actual losses rather than punishing the wrongdoer.
The Importance of Proper Documentation
To recover full compensation for your injuries, it's essential to properly document all of your damages with the help of an experienced personal injury attorney. This includes:
- Maintaining complete medical records
- Documenting all expenses related to your injuries
- Keeping records of time missed from work
- Obtaining expert testimony for future damages
- Documenting the impact on your daily life and relationships
Get Help Maximizing Your Recovery
These are some of the basic elements that you can recover in damages when you've been injured in Virginia. Kevin Mottley and The Mottley Law Firm have extensive experience helping injured clients in Richmond, Virginia, and throughout the state recover full and fair compensation for all types of damages allowed under Virginia law.
If you've been injured due to someone else's negligence, contact The Mottley Law Firm to discuss your personal injury case and learn how they can help you pursue the maximum compensation available for your specific situation.
