Getting into a car accident can be a traumatic experience, and dealing with the aftermath can be overwhelming. In Virginia, if you’re injured in an auto accident that wasn’t your fault, the state’s law specifies several different categories of “damages” for which the at-fault driver owes you money. This article will explain these damages, the most common injuries from car accidents, and why it’s super important to keep track of everything that happens to you after the accident.
Auto Accident Settlements in Virginia: Understanding the Damages You’re Entitled To
When we talk about an “auto accident settlement,” we’re talking about the money you might get as compensation for the trauma that you’ve been put through. In Virginia, there are a few main types of damages:
- Medical Bills: This covers any money you have to spend to get better, like doctor visits, hospital stays, and medicines. This includes current medical bills related to your injuries, as well as any future medical expenses you may incur. From ambulance fees to hospital stays, surgeries, medication, therapy, and rehabilitation, all medical costs should be factored into your compensation. Most people have health insurance which provides benefits after the crash.
In Virginia, there are very special rules regarding the order of payment after a crash and also whether you owe anything back to your health insurance company when the case is over.
- Lost Wages: If you can’t work because of your injuries, you can get money to make up for the paychecks you’re missing. This includes both the income you’ve already lost due to missed work and any future earnings you’ll miss out on because of your injuries. Additionally, if your injuries result in a diminished ability to earn income in the future, you may be entitled to compensation for loss of earning capacity.
By the way, even if you use your sick leave or PTO and your paycheck isn’t any smaller, you can still get paid for lost wages.
- Pain and Suffering: This is money for the hurt and discomfort you feel, which isn’t as easy to put a price tag on but is just as important. This includes not only physical pain but also emotional trauma, such as anxiety, depression, and loss of enjoyment of life. If the case does not settle, a judge or jury will be asked to put a price tag on the pain.
This is why it is important to have a trial lawyer with a history of results… not just because of what they can achieve for you in your case, but because you want a lawyer who understands what a judge or jury is likely to award in a case like yours.
- Property Damage: This helps pay to fix or replace your car and anything else that got broken in the accident.
Not actually injured in a crash? Great news! Nearly 100% of the time, you can resolve property damage issues on your own without the need for a lawyer.
- Punitive Damages: In some cases, you may be awarded punitive damages in addition to compensatory damages. Punitive damages are intended to punish the at-fault party for particularly egregious behavior, such as drunk driving or reckless disregard for the safety of others. However, punitive damages are relatively rare and typically reserved for cases involving extreme misconduct.
Common Car Accident Injuries
Car accidents can cause all sorts of injuries, from small scratches to back injuries that take a long time to heal. Some common injuries are:
- Cuts and Scrapes: These can happen from broken glass or metal in the car.
- Whiplash: This is a neck injury from your head moving back and forth really fast.
- Broken Bones: Arms, legs, and ribs can break during a car crash.
- Head Injuries: These can be super serious, like concussions or other brain injuries, and sometimes you might not even know you’re hurt right away.
- Back and Spinal Injuries: These can cause a lot of pain and sometimes make it hard to move around like you used to.
Keeping Track of Your Injuries
After an accident, it’s really important to write down everything about your injuries. This means taking pictures of any cuts, bruises, or swelling at different times so you can see how they change. It’s also super important to go to the doctor or the hospital right away, even if you think you’ll be OK with a short period of rest. Sometimes injuries, especially brain injuries, can be hidden and only show up later. The saying goes, “if it’s not in the medical record, it didn’t happen.” This means that if you don’t have a doctor write down your injuries shortly after the crash, it’s like they never happened when it comes to getting help for them.
Why Seeing a Doctor is Crucial
Doctors are like detectives for your body. They can find out what’s wrong, even if you don’t feel anything yet. This is really important for head injuries, which can be tricky and not show up right away. A doctor can check you out and make sure everything is okay, which is super important for your health and for any help you might need after the accident.
The Role of a Personal Injury Attorney
Working with a personal injury attorney is like having a guide to help you through the confusing world of auto accident settlements. Car accidents can cause a lot of pain and problems that make life harder, especially if you have a serious injury like a traumatic brain injury or something that won’t ever get completely better. These kinds of injuries can make the money part of the settlement bigger because they affect your life so much, but they’re also harder to explain and prove.
A good attorney knows all about these things and can help make sure you get the help you need to feel better and fix the problems caused by the accident. They can talk to insurance companies for you, help keep track of your medical records, and make sure you’re getting the right kind of doctor’s care. This is super important because it means you can focus on getting better while they take care of the tough stuff.
Almost as important as getting you a great settlement after a car crash is the role the lawyer plays in giving you back your life. Once you’ve hired a great personal injury lawyer, you can stop worrying about all of these little state-specific rules and just get back to your work, your kids, and your medical care. Great auto accident lawyers relieve the pressure of you having to become an expert to negotiate a good settlement with the auto insurance adjuster.
Summary of What Damages You’re Entitled to After A Virginia Auto Accident
Being injured in a car accident can have significant physical, emotional, and financial repercussions that you may be entitled to compensation for. It’s essential to consult with an experienced Virginia personal injury attorney who can help you understand your legal options and advocate for your best interests. By pursuing the compensation you deserve, you can focus on your recovery and move forward with your life.
If you’re feeling overwhelmed, we know, this is a lot to keep track of.
That’s why at BenGlassLaw, we’ve built a team of experienced lawyers and paralegals who are there to be the brains behind your case while you focus on getting medical care and getting back to living your life.
If you have a case you’d like our help with, give our team a call today for a free, zero-obligation consultation.
