Every year, hundreds of thousands of people are injured or killed due to preventable accidents, and the numbers are on the rise. In 2020 alone, 200,955 people were killed in the United States due to preventable injuries. According to the 
What Sort of Compensation Is Available Through a Personal Injury Lawsuit?
The specific amount injury victims receive in compensation varies greatly depending on the severity of their injuries and losses. That said, they may be compensated for monetary losses, as well as for the impact their injuries have on the nonfinancial aspects of their life.
Depending on the circumstances of your personal injury case, they may receive compensation for things like:
- Hospital bills and other medical expenses
- Out-of-pocket incidental costs, such as travel to doctor appointments
- Lost wages from time missed at work during recovery
- Projected loss in lifetime earning potential
- Physical pain and suffering
- Lowered quality of life
- Emotional distress
In rarer cases, a court may also award punitive damages, sometimes known as exemplary damages. Rather than to compensate victims for their injuries and losses, punitive damages are instead awarded to punish the at-fault party for their actions. This form of damages is only available in cases involving some sort of inexcusable irresponsible or egregious behavior. Virginia caps punitive damages at $350,000 per case. One of our Alexandria personal injury lawyers can help.
What If the Injury Victim Died?
Of course, courts cannot undo the results of a fatal accident, and money can never make up for the loss of someone we love. That said, when injury victims are killed in accidents caused at no fault of their own, Virginia law provides surviving family members with two legal routes to secure a degree of justice and accountability from the at-fault party.
First, surviving family members may bring a wrongful death claim. Though this kind of claim must be brought by the personal representative of the deceased person’s estate, it seeks compensation on direct behalf of survivors for a death caused by the “wrongful act, neglect or default” or another.
A wrongful death claim may compensate for economic losses like medical expenses related to the cause of death, funeral/burial expenses, and projected income the decedent would have provided to the family if they had survived. It may also compensate for a wide variety of non-economic losses, such as sorrow, mental anguish, and loss of the decedent’s comfort, guidance, companionship, society, and advice.
Second, a survival action may be brought by a personal representative on behalf of the decedent’s estate. This kind of action “survives” in the sense that the right to compensation lives on despite the decedent’s passing. This ensures that at-fault parties do not escape liability by bringing about an injury victim’s death. Any proceeds awarded through this kind of action first go to the estate. It may then be distributed according to the decedent’s last will and testament or, when a will does not exist, according to state laws of intestate succession.
What Is the Virginia Statute of Limitations for a Personal Injury Lawsuit?
In most cases, Virginia gives you just two years from the date of injury or death to file a case seeking compensation from the at-fault party in civil court. Though the deadline comes with a few very limited exceptions, cases filed after the two-year window closes are nearly always dismissed in court, thereby destroying your right to seek compensation through the legal system.
With the ability to sue eliminated from your arsenal, the opposing party will also gain the upper hand in out-of-court settlement negotiations. In many cases, their insurer may even feel empowered to dismiss your claim altogether. Avoid this by speaking to one of our personal injury attorneys as soon as possible. They will ensure that your case gets off to a strong start, including making sure no deadlines are missed.
