Wrongful Death Lawyer Virginia Beach
If you are involved in a Virginia Beach wrongful death case, you may wonder about pain and suffering damages and how they are valued. Pain and suffering is a legal phrase that describes the emotional and physical anguish resulting from an accident, and it can have a significant effect on your financial compensation. This post delves into the complexities of pain and suffering in Virginia Beach wrongful death claims, explores the various types of damages, factors that impact their value, and the methods that are most commonly used to calculate them.
Although many people are familiar with the term “pain and suffering,” not everyone understands exactly what qualifies and how much it is worth. If you were injured in an accident caused by someone else’s negligence, you may be eligible for pain and suffering damages.
Reach out to an experienced Virginia Beach wrongful death lawyer from Shapiro, Washburn & Sharp so we can ensure that your rights are protected and advise you of your legal options. Call us today to schedule a free consultation.
What Types of Damages are Available in Virginia Personal Injury Claims?
According to Virginia’s wrongful death laws, damages in these cases are typically broken down into economic and non-economic categories.
Economic Damages
Economic damages are objective, quantifiable losses that can be calculated, like property damage, medical bills, and other out-of-pocket expenses. Lost earnings are also considered non-economic damages and can be claimed even if you used vacation days or sick leave for the time you were unable to work. These damages are fairly plain and simple to calculate with the use of financial records, receipts, bills, and invoices.
Non-economic Damages
Non-economic damages cover subjective, non-monetary losses such as emotional trauma, pain and suffering, inconvenience, and reduced quality of life. Non-economic damages are designed to compensate victims for any intangible harm they endured related to their injuries.
What Factors Influence Pain and Suffering Damages in Virginia Wrongful Death Claims?
As previously mentioned, pain and suffering encircle the emotional and physical anguish that a victim’s injuries cause them to endure. Virginia has no single specified formula for calculating the value of these damages, which makes it important to account for numerous factors when evaluating your claim.
In a Virginia wrongful death claim, non-economic damages play a vital role in defining the total amount of financial compensation awarded to surviving relatives. Pain and suffering damages give consideration to the mental and emotional trauma experienced due to the unexpected loss of a family member.
In wrongful death cases, multiple factors can sway the calculation of pain and suffering. One of the biggest considerations is the nature and strength of the relationship between the surviving family members and the deceased. Parents, children, and spouses typically qualify for higher compensation due to their profound emotional connection. The deceased’s health and age at the time of their passing can also impact your financial award, particularly if they were providing financial and/or emotional support and expected to do so for years to come.
The traumatic nature or unexpectedness of the death can also amplify grief, and courts may take into account how the sudden death has disrupted the lives of those left behind. In certain cases, if the negligent party’s conduct was especially egregious, juries might be more prone to award greater non-economic damages. Under Virginia law, juries are allowed to exercise discretion when determining an appropriate award, and although there is no set formula, compelling evidence, like testimony from mental health professionals and loved ones, can bolster a considerable pain and suffering award.
What Methods Are Used to Calculate The Value of Pain and Suffering?
Unfortunately, due to this lack of a predetermined formula, proving the true extent of your pain and suffering in a Virginia personal injury claim is challenging. Listed below are the two primary methods used to calculate the value of pain & suffering in a Virginia wrongful death claim.
Multiplier Method
- The multiplier method involves multiplying a victim’s total economic damages (lost earnings, medical bills, etc.) by a multiplier between 1.5 and 5.
- The multiplier selected hinges on the severity of the victim’s injuries and other applicable factors.
Per Diem Method
- Using the per diem method, a daily rate for pain and suffering is ascribed, and the value is determined based on how many days it was endured by the victim.
- The per diem method requires a precise understanding of the intensity and duration of the victim’s pain.
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While the above-listed methods are what will most likely show up when you look into how pain and suffering are calculated, there is a lot more to it. Insurance carriers do not simply multiply your hospital bills. They thoroughly examine your claim and make findings based on the severity and longevity of your injuries, medical bills, medical treatments, how the accident impacted your daily life, and whether or not you have a skilled attorney fighting for you.
This is why it is crucial to work with a knowledgeable Virginia Beach wrongful death lawyer from Shapiro, Washburn & Sharp who can use their decades of experience to evaluate your claim accurately. For example, we recently achieved a settlement of $1.3 million in a wrongful death case for the family of a retired senior citizen who passed away as a result of medical malpractice.
Emotional anguish can be just as devastating as the physical damage caused by a serious injury. If you recently lost a family member due to another person’s negligence, reach out to the experienced Virginia Beach wrongful death lawyers at Shapiro, Washburn & Sharp. With over 100 combined years of experience, we can explain your rights and guide you through the process of filing a wrongful death claim. To schedule a free, no-obligation consultation, call (833) 997-1774 or fill out the contact form on our website. To better serve our clients, our offices are located in Virginia Beach, Portsmouth, Norfolk, and Hampton.