Frequently Asked Questions

Courts and juries decide what constitutes a compensable inconvenience.

First, “compensable” means “worth paying a victim for.” For instance, unpaid medical bills following a personal injury are compensable because the person or organization that caused the victim’s injuries should pay the cost of required care.

Inconvenience is a noneconomic loss, meaning its cost cannot be precisely calculated. Despite that, the issues suffered by an injured person are certainly real and deserving of compensation.

Examples of inconvenience that have been ruled compensable include

• Needing to move or temporarily relocate in order to receive special medical care,
• Having to travel long distances for medical care,
• Needing to retrain for a different job as a result of a disability, and
• Using an assistive device like a cane, walker or wheelchair.

Personal injury victims do not have to claim damages for inconvenience specifically, as the issues can also be considered pain, suffering and mental anguish.

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Virginia law recognizes that many of the losses suffered due to an injury from a car or truck crash, medical error, dog bite, defective product or a slip and fall can be given an exact price tag. As a result, personal injury victims can file insurance claims or civil lawsuits that include demands for compensation for

• Physical pain suffered from the time of their injury until the settlement or jury award, as well as pain in the future;
• Mental anguish;
• Disfigurement such as scarring or the loss of an arm or leg;
• Humiliation and embarrassment from the disfigurement; and
• Inconvenience.

Consulting with an experienced and caring Virginia personal injury attorney will clarify what can be claimed depending on the nature and severity of your injuries, as well as the cause of the injuries.

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• Administrative errors (i.e. confused patient records, mislabeled test results)
• Delayed diagnosis
• Failure to check patient history
• Failure to consult with a specialist
• Failure to provide essential medical care
• Failure to provide the patient with the appropriate aftercare
• Failure to treat an illness or infection
• Improper care or hygiene that causes infections
• Incorrect use of a medical device
• Medication errors
• Misdiagnosis
• Misreading or misinterpretation of diagnostic or laboratory results
• Ordering the incorrect tests for a patient

 

There are approximately 100 million visits made to the emergency room each year in the U.S. Statistics reveal that approximately 10 percent of all emergency room visits involve mistakes. This means that about five to 10 million medical errors are made each year in emergency rooms throughout this country.

According to multiple studies, medical errors are now considered the third leading cause of death in the U.S., causing the loss of between 250,000 and 440,000 victims each year. One of the most frequent places that medical errors occur is in the emergency room. Victims of medical errors may be able to pursue a malpractice case against the medical professional responsible.

According to national statistics, approximately nine percent of all car accident victims will develop PTSD after a crash. If a victim has other emotional issues at the time of the crash, they may be more susceptible to PTSD. Fourteen percent of victims who are seeking mental health treatment and are then in a crash will develop PTSD. And almost 30 percent of victims who seek mental health treatment following the crash and are diagnosed with PTSD have also been diagnosed with other mental health issues, such as depression and 15 percent report a fear of driving.

PTSD is a condition that a victim develops after experiencing a dangerous or frightening event. Many car accident victims experience the “fight or flight” response immediately following a crash. The majority will quickly recover from that response, however, there are also some victims who still feel the fear long after the crash. These victims will often feel afraid or stressed, even when there is no danger present. This is PTSD.

One of the most common mental health issues a victim can develop after a crash is post-traumatic stress syndrome (PTSD). Car accidents are cited as the most experienced traumatic event for men and the second most experienced traumatic event for women.

There are cases where a hit and run driver is found. The police investigating the accident, your insurance company, or your car accident attorney may be able to take the available evidence and use it to locate the responsible driver. The driver will not only be responsible for damages and losses a victim has but will also face criminal charges, as well.

A hit and run crash occurs when at least one of the drivers leaves the scene of the accident without offering appropriate and legally required information or leaves without helping any of the other parties involved in the crash. Failure to report the crash may also be classified as a hit and run.