When you get into a car accident, how much compensation you may receive is often the last thing on your mind. But as your medical bills and days off from work start piling up, finding out whether you can recover your losses becomes more important.
The answer is: Yes and no
The commonwealth does impose limits on punitive damages and on government claims. For example, if you were involved in a driving accident where the other party exhibited gross negligence, you may only seek up to $350,000 for punitive damages. Also, if you seek compensation from the government or a government employee, you may only get up to $100,000.
Thankfully, Virginia does not impose any caps or limits on compensatory damages. These include compensation for both economic and non-economic damages, such as:
- Medical expenses
- Lost income
- Property damage
- Wrongful death
- Pain, suffering and emotional distress
Estimating economic and non-economic damages
Economic damages are easier to estimate. The receipts of your medical costs, repair bills, as well as your daily or hourly rate at work, allow you and the court to see how much the accident has cost you. However, estimating non-economic damages or compensation for pain and suffering is less straightforward.
Courts often use the multiplier method to calculate non-economic compensation. The multiplier method involves multiplying your economic damages by a number, usually between one and five. Factors that influence the multiplier used include:
- Severity of your injuries
- Expected timeline of your recovery
- Long-term consequences of the injuries
Maximize your injury claims
Documenting everything is key to maximizing your injury claims. Aside from any relevant bills or receipts, it is also crucial to document your injuries and treatment progress. Reaching out to a personal injury attorney can provide more guidance on what you need to receive appropriate compensation for your injuries.
