Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
After a car accident in Virginia, calculating a fair settlement for soft tissue injuries requires assessing both economic and non-economic damages. Economic damages cover out-of-pocket costs like medical bills and lost wages. Non-economic damages compensate for pain, suffering, and reduced quality of life. Follow these steps:
1. Document Your Economic (Special) Damages
- Collect all medical bills, invoices, and receipts for doctor visits, diagnostics, physical therapy, and medications.
- Track lost income and benefits if you missed work due to injury, including overtime, bonuses or unpaid leave.
- Include future medical costs if your doctor recommends ongoing treatment or rehabilitation.
2. Assign Value to Non-Economic (General) Damages
Virginia law does not cap pain and suffering awards for soft tissue injuries. Adjust your economic total by a multiplier based on injury severity:
- Minor soft tissue (neck or back strain): multiplier 1.5–2.0
- Moderate soft tissue (extended treatment, limited mobility): multiplier 2.0–3.0
- Severe soft tissue (chronic pain, permanent limitations): multiplier 3.0–4.0+
Example: $5,000 in medical bills × 2.5 multiplier = $12,500 total.
3. Factor in Virginia’s Contributory Negligence Rule
Virginia follows a strict contributory negligence doctrine. If you bear any fault, you cannot recover damages. See Va. Code § 8.01-34. Carefully document the other driver’s negligence (police reports, witness statements, photographs) to avoid a bar to recovery.
4. Review Insurance Policy Limits
Verify the at-fault driver’s liability limits. Virginia requires minimum coverage of 25/50/20 ($25,000 per person/$50,000 per accident for bodily injury, $20,000 for property damage) under Va. Code § 46.2-472. If damages exceed policy limits, you may seek uninsured/underinsured motorist coverage or pursue a direct claim against the driver’s assets.
5. Observe the Statute of Limitations
You must file a personal injury lawsuit within two years of the accident date, per Va. Code § 8.01-243. Missing this deadline typically forfeits your right to sue.
By combining documented economic damages, a fair multiplier for non-economic losses, and careful attention to Virginia’s fault rules and insurance limits, you can arrive at a reasonable settlement demand.
Helpful Hints
- Keep a detailed pain journal noting symptom intensity, duration, and triggers.
- Save all medical records, prescriptions, towing and rental-car receipts.
- Obtain a copy of the police report and witness contact information.
- Discuss your case with a qualified attorney before signing any release.
- Don’t accept the first offer—insurers often start low to limit liability.