One of the most common questions we hear from clients are questions related to the amount of compensation they will receive from their personal injury settlement. There are a number of factors that go into calculating the size of the reward issued to claimants or plaintiffs.
Some of the costs are straightforward and can easily be calculated. Doctor visits and prescription bills can be documented and proven by receipts, so there isn’t too much to dispute here. “Pain and suffering” is more ambiguous and difficult to define. Income lost from time off work is recoverable too. Here’s the process for filing a claim:
The first step in the process is to schedule a consultation with one of our attorneys. Epperly & Follis, P.C. specializes in all kinds of personal injury cases including:
- Car accidents
- Workplace injuries
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Slip and fall injuries
- Traumatic head injuries
- Spinal cord injuries
- Wrongful death
Who Caused the Accident?
When we meet with you, the first step is to investigate the facts of the accident. In the state of Virginia, you can only recover damages from the other party’s insurance if they are 100% at fault in the accident. If it is determined by the insurance companies you are even 1% at fault in an automobile accident, you will be unable to recover damages from the other party.
Although this is the law of contributor negligence, you should not make this determination on your own. From a practical stand point sometimes there are cases where there is a question or argument that the person suing is partially at fault, there are still are circumstances where you may be able to recover. It is always a good idea to have an attorney review our case and provide an opinion as to the likelihood of a recovery.
The investigation of the accident may include witness statements, police reports, medical records, photos from the scene of the accident, and your salary and work history. For the most part, you do not need to be available for most of the investigation, but our attorneys might need to request copies of your medical records.
How Pain and Suffering Is Calculated
Pain and suffering is a term describing the emotional stress involved with an injury. These are the damages which can vary widely from case to case. Many people believe that insurance companies may pay a certain multiple of your actual damages (which includes lost wages and bills); this is not true. The amount recovered from pain and suffering is different in every case. The amount you receive depends on a number of factors, but the severity of the injuries is important. Whether your injuries are permanent, if there is any scarring, or if you have a disability, these are all factors that need to be considered. The medical issues resulting from the claim can make a big difference in how much money you actually receive.
If you have been injured in an accident, it is wise to seek legal counsel to help you navigate the process. An experienced bodily injury attorney will know how to navigate through all of the hoops of the process to make sure you get the maximum amount of damages you deserve. Epperly & Follis, P.C. can help you with this process. Give us a call at 804-648-6480 to schedule your free consultation today.