A person injury is an accident that injuries someone. The accident happens because of someone’s negligence. The negligent party can be a person, company or organization. The standard of proving the victim was injured and the defendant was responsible is on the injured victim. In a lawsuit, the injured victim is called a plaintiff.
The Two Types of Damages Awarded in a Virginia Personal Injury Case
A personal injury attorney chesapeake va will explain which damages their client is eligible to receive after looking at the case. The general description of compensatory damages includes two components. The first is economic damages. The second is non-economic damages.
The economic damages refer to the money a plaintiff receives for their monetary losses. This means the losses they can show with bills. These losses include missing work, hospital bills and property damage. It may include the costs to repair or replace property. The loss can be a bill for past, present or future economic damages.
The second type of damages is called non-economic damages. It is money given for injuries that can’t be proven. These losses don’t have bills attached to them such as hospital bills. They also don’t have in form of evidence that can be presented to show the plaintiff was harmed.
Noneconomic damages can include many things such as loss of enjoyment of life, loss of companionship and inconvenience. Pain and suffer is another type of non-economic damage. So is emotional distress. An attorney usually has a specific strategy to prove their client must receive non-economic damages.
A Jury is Instructed on How to Award Pain and Suffering Damages
A Virginia jury will decide if a plaintiff will receive pain and suffering damages by looking at a variety of factors. For example, the jury will look at whether bodily injury occurred. Any bodily injury sustained can affect a plaintiff’s overall health.
Another factor is mental anguish. A jury may award pain and suffering for a plaintiff who suffers mental anguish because of past and/or future physical pain caused by the accident. Inconvenience is another thing a jury looks at when determining this type of damage. The jury investigates whether the plaintiff was inconvenienced by the accident.
The last factor focuses on deformity and disfigurement. The accident may have resulted in the plaintiff being disfigured and deformed in some way. This can lead to pain and suffering because of the embarrassment or humiliation caused.
Seeking the Help of a Personal Injury Attorney
The burden of proving the accident happened and the defendant did it is solely on the plaintiff. Virginia requires a plaintiff to prove their case by a preponderance of the evidence. This means that more likely than not the defendant caused the accident that injured the plaintiff. This is less than the burden of proof in a criminal court. In percentage, this means a plaintiff’s attorney must be able to convince a jury the defendant was more than likely, or at least 51 percent responsible.