Legal Corner: Money in Accident Cases

Question: Why are some verdicts high in accident cases? A woman in Williamsburg, Va. was awarded $12.2 million for injuries in a slip and fall at a gas station. In Alexandria, a child suffered brain damage from a birth-related injury and the award was $25 million. Eleven million dollars was awarded to a backseat passenger was hit by a van crossing the center yellow line in Loudoun.

Answer: The law in Virginia takes into consideration a variety of factors to fairly compensate the person for the damages they sustained as a result of the other person’s negligence. These factors include:

1. Any bodily injuries sustained and their effect on his health according to their degree and probable duration;

2. Any physical pain and mental anguish he suffered in the past and any that he may be reasonably expected to suffer in the future;

3. Any disfigurement or deformity and any associated humiliation or embarrassment;

4. Any inconvenience caused in the past and any that probably will be caused in the future;

5. Any medical expenses incurred in the past and any that may be reasonably expected to occur in the future;

6. Any earnings he lost because he was unable to work at his calling;

7. Any loss of earnings and lessening of earning capacity, or either, that he may reasonably be expected to sustain in the future;

8. Any property damage he sustained.

Not all cases will involve the above factors. The injured person may not be able to return to their work, or may have a permanent disfiguring scar, for example. The more serious the injury, the more negative impact the injury has on the person’s life.  

Note: The information in this column are opinions and are not meant to give legal advice.