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Shapiro & Appleton

What types of damages can an injured person recover?

There are two types of potentially recoverable damages in Virginia: compensatory damages and punitive damages.
 
Compensatory damages are compensation for the person’s injuries and losses. These injuries and losses include the bodily injuries; the impact of these injuries on the person’s health and function; physical pain; mental anguish; inconvenience; medical expenses incurred in the past and likely to be incurred in the future; loss of earnings and lost capacity to earn; and property damage.  Some of these damages are quantifiable but mental anguish and pain and suffering are not. 
 
Punitive damages are recoverable in very limited circumstances. They are awarded make an example of the defendant  that is intentional or so reckless as to demonstrate a willful disregard for the rights of others. The actual payment of punitive damages is relatively rare.

Typically you see these in a case involving a DUI with high levels of intoxication. 

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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