Frequently Asked Personal Injury Questions
Few events are capable of turning upheaving your life like an injury from an accident. Since XXXX, our attorneys have assisted clients through these difficult times of their life. This experience has given us insight to people’s most common questions and concerns throughout the legal process and their recovery.
How Much Can I Expect in My Settlement?
There is one aspect of personal injury law that separates Virginia from the vast majority of other states. In most states, when a victim is partially liable for the accident, their award is reduced by the percentage of fault they have. However, in Virginia, if a jury finds that the victim of an accident is even 1% responsible for the accident, the victim cannot receive any damages from the other party. This is a significant risk for any victim who ends up taking their case to court.
However, the fact is that very few personal injury cases actually make it to court. Most cases are settled out of court, either before a lawsuit is filed or before court proceedings begin. This allows victims who may have some blame to still receive compensation while permitting the liable party to avoid the risk of a potentially huge award.
What is My Case Worth?
It’s tough to put a value on a case just after an accident. But, if you’ve been injured through no fault of your own, you shouldn’t have to bear the financial burden of your losses. When you meet with the personal injury attorneys at Pack Law Group, we will carefully and thoroughly evaluate your case.
The damages you may be able to collect equal what the accident has cost you physically, mentally, and monetarily, including:
- Property losses– includes the cost to repair or replace property involved in the accident. Damage to your car, whether it needs repairs or is completely totaled, can be covered in a personal injury claim. Loss of or damage to other items in the vehicle may also fall under this category. Related expenses include towing and rental cars.
- Medical treatment– includes the costs of past medical care resulting from the accident and estimated future care required. Ambulance transportation, copays, hospital stays, adaptive equipment for the healing process, and medications are all items covered under this category. This is particularly important because health insurance often is unwilling to pay for your care if they believe another party is responsible for it.
- Lost income– you may be entitled to compensation for lost wages and future lost earning capacity. A car accident often requires at least one day off of work. If you have injuries that limit your ability to work or require a longer recovery period, you could be away from work for weeks or months. A personal injury claim allows you to recover that lost income.
- Pain and suffering– includes compensation for the pain and discomfort resulting from the accident, past and future. A car accident and subsequent recovery can be extremely painful. It is difficult to quantify the financial value of pain, but through non-economic damages, an accident victim can still get compensation for what they have suffered.
- Emotional distress– you may be compensated for other emotional impacts from the injury, such as insomnia and anxiety.
- Loss of enjoyment– includes compensation for loss of enjoyment of certain activities, such as hobbies and exercise. The victim of an accident may suffer a permanent decrease in their quality of life, particularly if the crash leaves them disfigured or permanently disabled.
- Lost earning capacity. If an accident leaves you disabled or with chronic pain, you may be unable to work at the same level you previously did. Furthermore, you may lose out on possible promotions and raises. When an accident permanently impacts your ability to work, you may get compensated for lost future earnings.
What is the Deadline for Filing a Personal Injury Lawsuit?
All states place a time limit on filing personal injury claims, and Virginia is no different. According to Virginia Code § 8.01-243, you have just two years from the date of the accident to file a lawsuit. If you miss this deadline, you won’t be able to collect compensation for your injuries.
What Are Some Recommended Steps After an Injury or Accident?
If you get into a car accident, suffer a dog bite, experience a slip and fall injury, or are otherwise hurt by someone else’s actions, the steps you take immediately afterward may affect your case. General tips for victims include:
- Reporting the accident to the proper authorities; this may mean calling the police after a car accident or notifying a store manager after a slip and fall
- Seek medical attention and keep copies of all bills and documents you receive
- Gather any evidence you can, including witness reports or contact information, photos, and video
- Contact a personal injury lawyer before you communicate with insurance adjusters or other parties involved in your claim
- Do not speak about the accident or your injuries on social media, since anything that the other party can find may work against you
What Are Some Tips For Coping with the Physical and Emotional Impact of a Personal Injury?
An injury affects everyone’s life uniquely. Accordingly, you or a loved one may need many forms of support after an injury. Here are four common types of support accident victims may need.
Social support is by far one of the most important elements of recovering from a personal injury. Those without assistance from family or friends often struggle to recuperate. This isn’t just due to the lack of physical assistance, but also the lack of emotional support and healing. As a victim, you should be willing to step outside of your comfort zone and ask for help when it is needed. People often want to help but don’t know exactly what you need.
Medical care is essential for your physical and mental healing after an accident. Don’t be afraid to seek out a second opinion if you feel like your current medical provider is not listening to you, addressing your needs, or answering your questions. You deserve high-quality care that makes you an active participant, not a passive bystander.
Mental Health Care
During this time, your care should not be limited to your physical injuries and ailments. Going through an accident and subsequent injuries can be mentally traumatizing and emotionally exhausting, which is why so many victims benefit from mental health care.
Perhaps one of the most important resources you need for healing is money. This is where many people feel that they will not be able to recuperate. As the medical bills start to pile up and your hours at work start to dwindle, you might feel like you need to get by on less support—not more.
Have More Questions? Contact Pack Today
These are only a few of the questions you may have after an accident or injury. Our legal team will take the time to patiently listen and carefully answer all of your questions. Call 540-586-7225 to get started.