Facing the fallout of a personal injury situation can be overwhelming and daunting, especially if you are doing so without the help of an experienced personal injury lawyer. Having someone on your side who understands the logistics of what is needed for success can make all the difference. Either way, you should be as prepared as you can possibly be by understanding what the average personal injury settlement in Virginia is. With that in mind, you can pursue a number of your own.
The unfortunate truth is that there is no real, reliable way to tell what the average personal injury settlement is in Virginia. Every personal injury case is different. Each case has its own set of details and circumstances that are unique to the individual situation. Just because a case that is similar to yours results in a substantial settlement amount, it does not mean that yours will, too.
To reach a settlement amount, many different factors have to be taken into consideration:
Recruiting a personal injury lawyer in Virginia to represent you might be the most important decision you make throughout your case. A personal injury lawyer can anticipate setbacks and maximize your potential settlement amount. They can also pursue your rightful compensation, even if the other party has already tried to reimburse you for damages. If their initial seems insufficient to address the totality of your losses, you can still pursue a claim against them.
If you choose to pursue legal action, it is vital to your case that you pay attention to the statute of limitations for personal injury claims in Virginia, which is two years. The state will give you two years from the date of your initial injury to:
If two years have passed before you file your claim, there is a good chance that it will be completely dismissed, and your chance to pursue compensation will vanish without any legal action taken. It can take a lot of time to build a strong case, so you may want to consult an attorney once you have decided to pursue legal action. If you are concerned that you don’t have a strong case, a personal injury lawyer can evaluate it and see if you have a compelling argument for compensation.
A: How much most personal injury settlements are is not useful for estimating the potential settlement in your case. Every personal injury case is different, with its own set of facts and circumstances unique to the individual situation. It is important to remember that just because a case similar to yours results in a successful settlement, it does not mean that yours will, too. Certain factors have to be considered, such as the severity of your injuries, your lawyer’s negotiation skills, and the evidence that shows negligence.
A: Generally, there is no personal injury cap in Virginia. You can pursue any amount in damages that you feel is appropriate for what you have been through and should be reimbursed for. There are some exceptions to this rule. If your case is related to medical malpractice, it will have a damage cap, but that cap increases every year. Punitive damages will also have a cap.
A: It depends. Many personal injury cases are settled out of court for various reasons. Many people may fear the outcome of a trial over mediation, so a trial is never pursued. That’s not a guarantee that your case won’t be decided in a trial. It may be smart to hire a lawyer with some substantial litigation experience in case you have to pursue litigation to obtain what you need.
A: Contributory negligence is the personal injury law in Virginia. Under the state’s contributory negligence principle, a plaintiff can only seek compensation for their injuries if the accident was entirely caused by the defendant. If the plaintiff is found to be even a little bit responsible for the accident, they cannot pursue damages. Make sure you fill your lawyer in on all the pertinent details of the accident before building your case.
Dealing with the aftermath of a personal injury situation on your own can be frustrating and confusing, and it might not end the way you hope. That’s why it is so important to retain the services of an experienced personal injury lawyer. They can work out the details of your case and make sure you are approaching this as prepared as you can possibly be.
Whitlock Law, LLC, knows the kind of legal assistance you will need to pursue a successful personal injury case. We can develop your case, gather the evidence you need, and make sure your interests are protected throughout. Contact us to schedule a consultation with our firm.
Fields marked with an * are required
"*" indicates required fields