At Munro Byrd, we represent people who have suffered injuries caused by negligence, whether from car wrecks, trucking collisions, falls due to hazardous premises, or because of medical malpractice. Virginia law provides plaintiffs the right to pursue full and fair compensation for the damages they suffered, and it is our priority to present the evidence that supports those. So when assessing what a claim is potentially “worth,” the answer begins with analyzing the evidence and value of potential damages available in Virginia:
- The bodily injuries sustained and their effect on the injured person’s health according to their degree and probable duration;
- The physical pain the injured person suffered;
- The mental anguish and emotional distress the injured person suffered;
- Any disfigurement or deformity and any associated humiliation or embarrassment;
- Any aggravation or inconvenience the injured person experienced from the injuries or treatments;
- Any related medical expenses;
- Any lost earnings;
- Any lessened earning capacity; and
- In certain cases, damage to property.
An injured person may also recover future damages for these categories, if the evidence supports it.
Virginia law does not require each item of damage to be proven to a judge or a jury with certainty. However, an injured person must prove sufficient evidence to allow a judge or jury to make a reasonable estimate of each item of damage claimed. Often, to limit the value of claims, the defense will try to argue that future damages are too speculative.
Like other elements of a claim, proving damages is the burden of the injured person. While medical records, bills, and other records contain important information about the diagnosis, cost, and treatment of injuries—and some may be admissible as trial evidence—the most important damages evidence in a trial usually depends upon the testimony of witnesses. For instance, we often rely upon health care providers like doctors and nurses to testify about the diagnosis and treatment of injuries but how a particular negligent event caused them to occur. Other experts, such as vocational counselors or economists, may explain the basis and value for future lost earning capacity, lost income and their value. The injured person herself may testify about facts establishing all of the various damages and how they have affected her life. But other witnesses, like friends, family members and co-workers, can often provide even more powerful testimony about the injuries a person suffered and their effects.
Economic losses such as medical bills and lost income are often known quantities, so why is the jury’s role so important? Because there are often disputes about whether they are related to the crash injuries, and the extent and value of projected future losses. In a personal injury case, the jury also must consider the important value of non-economic damages.
It is for this reason that a good trial lawyer spends a significant part of any trial strategy on the development and presentation of damages evidence. The jury is made up of seven strangers who do not know the injured person. Yet their crucial duty is to put a dollar value on how severely a person suffered as a result of another’s negligence. It is a trial lawyer’s job to provide them all of the evidence–and motivation–that they need for that difficult task.
If you have questions about a personal injury claim in Virginia, call us. We litigate such cases in Roanoke City and County, Montgomery County (Christiansburg, Blacksburg), Lynchburg, Abingdon, Martinsville, Rocky Mount, Wytheville, Bedford, Covington, Harrisonburg, Richmond, Charlottesville, Lexington, or Staunton. We practice in rural areas like Bath County, Campbell County, Giles County, Craig County, Smyth County, Alleghany County, Pulaski County, Franklin County, Campbell County, Carroll County, Patrick County, Floyd County, Stuart County, Pittsylvania County, Henry County, and Wythe County. We also litigate in Virginia federal courts, including those divisions in Roanoke, Abingdon, Danville, Harrisonburg, Charlottesville, Alexandria, and Richmond.