When a person is injured in an accident or incident caused by the negligent, reckless, or intentional actions of another party, Virginia law says they can file a personal injury claim for financial compensation for those injuries. This compensation is often referred to as “damages.” The purpose of these damages is to make the victim "whole" again after the injury. The law says this can be done by removing the financial burdens and emotional burdens the injuries have caused the victim.
Damages can be awarded for many different types of expenses the victim has incurred because of the injury, as well as for future expenses that the injuries may cause.
In many personal injury cases, damages are awarded for past expenses the injury caused, such as expenses for medical treatment and loss of wages the victim sustained from being unable to work while they recovered. These types of damages have an exact dollar amount that the victim’s Virginia personal injury attorney can show.
Future Damages
There is another type of damage that a victim may be entitled to collect which may not be as easy to calculate. This type of damage is for future losses and expenses the victim may suffer because of their injuries. Victims who have suffered a catastrophic injury or one that has left them with long-term or permanent disabilities often face years of recovery and ongoing medical treatments.
Pursuing future damages in a personal injury claim will not only cover these future medical expenses, but the victim's attorney can also recover the loss of future income the victim will suffer because they are no longer able to work in their prior profession or they may be physically unable to work at all.
Many victims are also able to collect future damages for the pain and suffering, scarring, or disfigurement they will endure for the rest of their lives.
Damages for Future Medical Expenses
Catastrophic or permanent injuries often leave the victim facing years of recovery and the need for future treatment, surgeries, therapy, and other types of medical treatment. There is no maximum cap on the amount of medical expenses a victim is allowed to be reimbursed in personal injury claims. Either the insurance companies or the courts – if the case ends up being litigated – makes that determination based on the circumstances of the case.
Just as all past medical expenses may be included in a personal injury claim settlement or award, all future medical expenses may be too. These expenses can include:
- All future hospital stays and expenses associated with those stays
- All future surgery expenses. These costs are usually estimated
- All diagnostic testing
- All medication the victim will need for the rest of their life
- All rehabilitative and therapy costs, including mental health, occupational, physical, and vocational therapy
- All medical devices and equipment
- Any necessary modifications to the victim's home, such as wheelchair ramps, widened hallways and doorways, counter height modifications, bathroom retrofitting, and medical equipment installation
Damages for Future Earning Loss
When a Virginia personal injury attorney calculates a victim’s future earnings loss, it is not based on the income the victim was earning at the time of the accident. Instead, the attorney examines the ability the victim has to earn a living. They will first examine what that earning capacity was before the injury and then compare that to the reduction in the victim’s current earning capacity now that they are disabled. The difference between those two amounts is what the court considers the lost earnings.
Damages for Future Pain and Suffering
Every case is different, and every victim has different circumstances their injuries will cause them. Damages for future pain and suffering can include chronic pain, depression, loss of quality of life, and other physical and emotional struggles.
There are two common ways that a personal injury attorney may use to determine what amount a victim deserves. One is referred to as the multiplier method and the other is the per diem method.
Calculating future damages can be complex and requires the skill and experience of a professional Virginia accident attorney. In many situations, the attorney will work with an accountant or other financial experts to project what those future medical expenses and lost income will be, as well as the financial value of pain and suffering.
Why Future Damages Require Careful Proof
Projecting future losses is demanding work, and it is easy for an insurer to dispute figures that are not well supported. This is where experience makes a real difference. In many cases, a Virginia Beach personal injury lawyer works with accountants, economists, and other financial professionals to project future medical costs and lost income, and to place a defensible value on future pain and suffering. Medical experts, in turn, establish what treatment the injury will actually require over time.
Our results reflect the value of that careful proof. In one matter, we secured a $600,000 settlement for a client who suffered a career-ending neck injury, where establishing his lost future earning capacity was central to the recovery. Results depend on the specific facts of each case, but an outcome like that reflects the effort required to prove the full, lasting extent of a client's losses.
Facing a Lifetime of Costs? Contact Us Today
If you or a loved one has suffered a serious injury because of another party's negligence, a Virginia Beach personal injury lawyer at Shapiro, Washburn & Sharp can evaluate the full scope of your losses, present and future, and pursue the complete compensation you are owed. Contact us at 833-997-1774 for a free consultation with one of our dedicated Virginia Beach personal injury lawyers. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our experience to work for you and your family.
