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Pain and Suffering Damages in Virginia

Virginia offers plenty of adventure: from Busch Gardens to Shenandoah National Park to Civil War re-enactments, there has not been a dull moment in the Commonwealth since as far back as the mysterious disappearance of the Roanoke settlers. But ever since your accident, your version of a Courageous Journey has consisted of managing to get out of bed and open the blinds. The good news is that you may be entitled to pain and suffering damages in Virginia.

The table and accompanying explanations below contain answers to your questions about pain and suffering damages in Virginia.

Statute of Limitations

Limits on Damages

  • Greater of $100,000 or maximum insurance policy payout limit on claims against the government (§§8.01-195.1 et seq.)
  • No pain and suffering damages in workers' comp claims (VWC)

Other Limits

Pain and Suffering Damages: An Overview

Pain and suffering damages are typically considered to be a type of noneconomic damages, also known as nonmonetary damages. Virginia juries are instructed to consider many factors when deciding how much to award an injured plaintiff, including these nonmonetary factors:

  • Any bodily injuries sustained and their effect on your health, according to their degree and probable duration
  • Past and future physical pain and mental anguish
  • Disfigurement or deformity and any associated humiliation or embarrassment
  • Past and future inconvenience

Who May Recover Pain and Suffering Damages?

Whether you were injured by a car accident, a medical professional, a defective product, a roller coaster, a pet, or you slipped and fell on a poorly maintained floor at a store, so long as you were not at all at fault for your injuries, you may be able to recover pain and suffering damages in Virginia.

When Can I File My Claim?

Like all other states, Virginia has set statutes of limitation which dictate how long you can wait before filing a lawsuit. In Virginia, you have up to two years to file most personal injury claims. However, if your pain and suffering stems from an injury to an infant, you have five years from the date of the injury to the infant.

Why Would My Damage Award Be Limited?

Virginia is one of the few states which uses the primitive contributory liability rule. This rule will prevent you from recovering any damages if the court determines that you were even 1% at fault for your injuries.

Additionally, if you were injured at a public school or by a DASH driver, you may have a claim against the Commonwealth of Virginia. In that case, your recovery may be limited to $100,000, or the maximum limits of any insurance policy available to the Commonwealth.

Finally, pain and suffering damages are not available as part of a workers' compensation claim.

Where Can I Get a Free Claim Evaluation?

Anyone would be confused by the liability limits Virginia has set. But lucky for you, a skilled attorney is available to review your claim for free to help you determine how much money you may be entitled to recover to compensate you for your pain and suffering.

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