If you are injured because of a car crash that involved someone else’s negligence, suing the other driver can help cover your costs for mounting medical bills and lost income. In the state of Virginia, however, a damage cap may place a limit on how much you can recover.
The Definition of a Damage Cap
When you sue someone after being injured in a car accident, you are usually seeking compensation for economic and non-economic damages. With a damage cap, this will limit the amount of money you’re awarded. Damage caps are put in place to avoid large-payout verdicts that jurors sometimes make based on emotion and negatively impact the economy.
In Virginia, certain damage caps may limit the amount of compensation you can recover in your case. If punitive damages are a consideration in your situation (which happens only in rare cases), this means the at-fault driver is found to have acted in a reckless or outrageous way that is deserving of punishment. Damages are capped at $350,000. If your accident involved a minor who damaged your property, you will only be able to collect $2,500 from their parents.
Types of Damages You Might Get in a Car Accident Case
Some of the economic damages you might be able to recover include:
- Cost for car repairs
- Medical expenses
- Lost wages
Non-economic damages can be tougher to estimate, and these can include pain, suffering, and loss of enjoyment of life.
The best way to ensure that you receive maximum compensation for your damages is to work with an experienced car accident attorney.
Our Fairfax Car Accident Lawyers Can Help With Your Injury Case
Virginia is one of a few states that applies a standard known as “contributory negligence.” This means that accident injury victims who are found to have contributed to the accident in any way—even if they are deemed just one percent at fault—they may not be able to recover damages. It’s crucial that you work with an attorney who has experience with this type of challenging case. Contact the law firm of Kearney, Freeman, Fogarty & Joshi to schedule a free, no-obligation consultation.