How Is Pain and Suffering Calculated in Virginia?
If you have been injured in an accident in Virginia, and the accident was not your fault, you may be aware that you can claim compensation for your losses. This can include expenses such as medical bills, property damage, lost wages due to missed time at work and reduced earning capacity if you have become disabled.
However, you may also be eligible for compensation for non-economic losses, including the pain and suffering you have experienced because of your injuries. Yet because these losses do not have any obvious dollar amounts attached, you may wonder how much money you could recover for the physical and emotional harm that has come to you.
Calculating Pain and Suffering
In the Commonwealth of Virginia, there is no specific formula for calculating a person’s compensation for their pain and suffering. Agreement about the value of your losses might require serious negotiations between the injured person and the insurance company.
The insurance company’s goal is to offer the lowest possible amount that would be acceptable to the injured individual. This way, they keep more money in their own pocket. They want to avoid eventually going to court.
Strengthening Your Claim
To make your claim as strong as possible, you should gather evidence that can prove the amount of physical pain you have experienced from your injuries. This can include:
- Photographs of your injuries
- Expert testimony from medical professionals
- Bills from your prescription medications
- A pain journal in which you detail the levels of pain you have experienced each day since the accident occurred
- Medical records that demonstrate the nature and extent of your injuries
Emotional and psychological suffering can be more challenging to prove than physical pain. Nevertheless, you can strengthen your claim by providing evidence such as:
- A daily journal in which you provide detail about any changes of emotion or mental anguish
- Expert testimony from mental health professionals that can provide more information about the psychological suffering you are experiencing
- Records of visits to therapists, counselors, psychologists, or psychiatrists
- Records that document any changes in your behavior, or your habits and performance at work
The key is to remember that a strong claim for compensation for pain and suffering will demonstrate how your experience has affected your personal life as well as your professional activity. If you can prove that your pain and suffering has caused you to miss out on important opportunities or to lose wages, you will be much more likely to be awarded significant compensation for these non-economic losses.
How a Lawyer Can Help
If you are filing a claim for compensation after an accident-related injury, you must have a legal professional who can guide you through the process. The insurance company may attempt to pressure you into accepting a settlement that is worth far less than what you deserve. A seasoned personal injury lawyer will be familiar with settlements and verdicts in other cases like yours and will work to ensure that you receive fair compensation.
Contact an Experienced Richmond Personal Injury Lawyer
The team at The Johnson Injury Firm knows that life after an injury is challenging in many ways. We are here to help you through the process of claiming the compensation you deserve. Our experienced and compassionate attorneys have successfully helped many injured Virginians who were injured by others seek justice, and we are ready to do the same for you. Call us now at (804) 262-9000 or contact us online today for a consultation.
