Personal Injury

Common methods of calculating pain and suffering in Virginia include using medical bills, regional averages, or personal and professional testimony.

“Pain and suffering” and inconvenience calculations are an inherently complex area of law. Insurance claims and civil settlements use several different approaches to calculate and pay pain and suffering and inconvenience damages. Insurers may rely on historical data to determine your damages or turn to another method. The truth is, there’s no method that’ll apply to every case.

How Insurers Calculate Pain and Suffering Versus How Your Lawyer Will

There are a few types of “pain and suffering” and inconvenience calculations that might be used by insurers, lawyers, or a jury in your case. Most of the time, insurance companies will do everything they can to undervalue your suffering to avoid a significant payout. Their methods are representative of that.

Here are a few ways “pain and suffering” and inconvenience is calculated in personal injury cases:

Medical Costs

Using medical costs for the basis of “pain and suffering” and inconvenience calculations is straightforward. This method looks at a victim’s economic costs and puts it through a formula to arrive at an estimate. Both attorneys and insurers commonly use this approach.

There are several consequences (good and bad) to relying on medical costs, including:

• It’s more straightforward than other methods
• It avoids guesswork
• It makes the insurer feel like they have wiggle room to adjust your estimate, so they will start low

Using Regional Statistics

When insurance companies reach out, they will often cite averages or regional payout statistics in their settlement offer. A lawyer would tell you that there is no “average” settlement because each case is unique.

With Personal Records and Testimony

You and your healthcare providers know better than insurance adjusters how your accident has affected your life. A lawyer will use personal documentation and testimony to show a jury the extent of the consequences you’ve endured as a result of the accident. Some examples of these kinds of records include:

• Written accounts of personal pain and mental and emotional struggles, such as a journal
• Financial records of inconveniences you suffer because of the accident, including costs of public transport, rideshare services, or delivery services
• Mental health records from your therapist or psychiatrist
• Proof of decreased productivity or impact on career performance
• Testimony from medical professionals or other experts about what your condition must be like, changes in your life before and after the accident, etc.

Which Approach Will Be Used in My Case?

As has been previously mentioned, each personal injury case is unique so the methods of calculating your “pain and suffering” and inconvenience will differ. However, having an attorney can protect you against the methods insurance companies use to devalue your suffering.

Related: Is Virginia a No-Fault State for Car Accidents?

Why Is Calculating “Pain and Suffering” and Inconvenience So Difficult?

There are two kinds of damages in a personal injury action. Economic damages are fairly easy to calculate so long as the documentation exists to estimate your losses. However, your non-economic damages don’t come with such clear documentation. Here is an overview of each type of damage:

• Economic damages: Economic damages cover the financial toll of your accident. This involves medical expenses, lost wages, and property damages. These damages are tied directly to your expenses after an accident.
• Non-economic damages: Non-economic damages deal with the mental, emotional, and long-term physical fallout of your accident. This covers trauma and distress as well as long-term physical pain and impairment.

Economic damages are straightforward. To calculate these, an insurer or your lawyer can review your receipts, invoices, and paystubs. They can tally your economic losses together to arrive at a final damages estimate.

Non-economic damages are where things get complicated. Assigning a dollar value to “pain and suffering” and inconvenience isn’t easy. Legal scholars have hotly debated the best approach to this issue. For this reason, there are many different approaches. If you’re unsure about which method might most benefit your case, a personal injury lawyer can answer your questions.

Related: What is the Virginia statute of limitations?

How Can a Personal Injury Lawyer Help Me Get Fair Compensation?

As you can probably tell, calculating “pain and suffering” and inconvenience damages is complicated. There are several methods an insurer or jury might use to estimate the value of your case. A personal injury lawyer can help you make sense of these approaches. In addition, they can:

• Communicate with insurers on your behalf
• Negotiate for your most favorable settlement outcome
• Answer your tough legal questions
• Advise you on settlement offers
• Litigate, if necessary, and represent you in court
• File all documentation according to legal requirements

The aftermath of a serious accident can be difficult for one person to manage alone. Victims often experience financial hardship which may make legal action feel like an unwanted burden. A personal injury lawyer can shoulder this burden for you. With the help of a lawyer, you can focus on your recovery instead of worrying about the specifics of your case.

A Lawyer Can Assist You With Your Deadlines

Personal injury cases in Virginia are time-sensitive. After an accident, you have two years to file a lawsuit, per Va. Code § 8.01-243. This deadline could be longer or shorter depending on the type of case you’re filing.

Filing quickly will provide you and your lawyer with more time to build a case. A Virginia personal injury lawyer can ensure that you stay on top of the statute of limitations.

Related: Should I Hire an Attorney in Virginia or Let the Insurance Company Handle My Car Accident Claims?

Call the Parrish Law Firm, PLLC to Start Your Personal Injury Case

Jim Parrish, our lead attorney, understands insurance companies. Why? He used to work as their legal representative. This experience means he knows what methods insurers use to calculate “pain and suffering” and inconvenience and how unrepresentative these estimates are of what real people go through after an accident.

A member of our team would happily answer your questions about this part of your case during a free case evaluation. Contact our offices to get started. 

Accidents can happen at any time, including when a couple is in the midst of a divorce. This situation could add another layer of conflict to the divorce proceedings, particularly if the injury results in a financial settlement. Some spouses might feel entitled to a portion of that settlement during the divorce, but that might not be an option when it comes to certain damages.

If you’re wondering how your divorce might impact a personal injury settlement, that’s a great question for an attorney. Your legal counsel could review the terms of the settlement and explain what you’re entitled to keep.

The Law Often Protects Injury Settlements During Divorce Proceedings

In many jurisdictions, the law will generally consider personal injury settlements as separate property. This is an important distinction, as it means the court will not distribute some of the settlement to your spouse. Only marital property—not separate property—can be split in most jurisdictions.

Like with most things, there are some exceptions. Not every aspect of a monetary settlement will be treated as separate property. In some cases, a judge could make a distinction between certain types of damages. In Virginia, courts will even consider specific expenses line by line.

For example:

• Non-economic damages. The courts will generally treat compensation for non-economic damages (like “pain and suffering” and inconvenience) as separate property.

• Economic damages. Compensation for financial losses like medical expenses and property damage costs are generally treated as marital property.

According to the law, it’s your job to assert that some aspects of your settlement are not marital property. Sometimes, these settlement funds are treated as marital property by default. However, it is possible for a spouse to have qualifying portions of their settlement funds removed from the marital estate.

You Could Protect Your Recovery when Negotiating a Settlement

There are steps you and your personal injury attorney could take to protect your legal interests. These steps take place during the negotiation process.

In most cases, the insurance company will require that you execute a release prior to receiving your settlement. This release will not only waive your claim in exchange for monetary payment, but it will typically include the specific terms of the settlement as well.

Be Sure to Read any Waivers Before Signing Them

An issue can arise based on the language in the settlement agreement or release. While the law is clear on when certain damages could be removed from the marital estate, not every settlement will spell out exactly what type of compensation is included.

Often, a settlement includes little more than the total amount of compensation to be paid. The failure to include an itemized breakdown of specific damages could result in a dispute during the divorce.

An Attorney Can Protect Your Assets

If the settlement agreement does not include language itemizing damages, it is up to the divorce court to determine how this money should be divided. That could result in the court treating money that should be treated as separate property as a part of the marital estate.

Your personal injury attorney could require language in the settlement agreement identifying each type of compensation involved.

Related: How Can My Lawyer Negotiate a Settlement in Virginia?

Keep Your Injury Settlement Separate From any Shared Accounts

Another way personal injury compensation could become an issue in a divorce case is when settlement funds are co-mingled with marital assets. Once these funds are co-mingled, the divorce court could consider all of it to be marital property. This is especially true in cases where it becomes impossible to trace the path of the settlement money to the source.

To keep your personal injury settlement from being classified as a marital asset, keeping those funds separate is crucial. The simplest way to do that is to set up a dedicated account that is solely used for your settlement funds.

By preventing these funds from ever co-mingling with marital assets, you could improve your chances of keeping your settlement money.

Related: What is the Average Settlement for a Hernia Mesh Lawsuit?

Talk to an Attorney About Your Injury Settlement Right Away

These are only a few ways that your divorce might impact your personal injury settlement. To be on the safe side, you should ensure your divorce attorney understands you are in the process of resolving a personal injury case.

What’s more, you should consider relying on a personal injury attorney when attempting to resolve your own claim. A lawyer can:

• Separate marital property from personal property
• Evaluate what you and your former spouse are entitled to
• Explain whether any of your children are entitled to your settlement proceeds
• Answer your questions
• Address your divorce-related concerns
• Consult with experts on your case

Related: How to Calculate Your ‘Pain and Suffering’ and Inconvenience Settlement in Virginia?

Call the Parrish Law Firm, PLLC to Explore Your Options

The Parrish Law Firm, PLLC is prepared to help you negotiate a fair settlement in your personal injury case. We understand your settlement could impact your divorce, and we can work to ensure the settlement agreement protects your interests.

To get started on your case, call (571) 229-1800. Your first case review is free.

Before speaking with an insurance adjuster, know your rights, prepare a statement about your accident, and beware of leading questions. You have the right to hire a lawyer who can handle most of the communications with an insurance company. However, you may have to provide a description of the accident from your point of view.

It is always a good idea to prepare what you are going to say because insurance adjusters will use your statement to determine fault. Make sure you stick to the facts and avoid answering leading questions that can downplay your injuries.

Prepare an Accident Description

Insurers may ask for a recorded statement to help investigate your claim. If you have legal representation, you can simply refer the insurance company to your attorney. If you are giving any sort of recorded statement yourself, it is best to have your accident description prepared beforehand so you are ready. You can write down what you remember before calling to file a claim.

Remember, insurers will use your statement to determine fault. When you describe the accident, keep the following tips in mind.

Describe the Basic Facts

Be sure to stick to basic facts when describing the accident, such as:

• The date and time of the accident
• The names of the parties involved
• The intersection where the accident occurred
• A description of the vehicles involved

You can explain what happened from your point of view, but keep it simple unless you have consulted with an attorney first.

Do Not Speculate on Fault

When describing the accident, avoid making any statements about who bears the fault. You may not have all the facts, such as how fast the other car was traveling. These details will factor into a police report and the insurance adjuster’s investigation. Let them handle that task.

Beware of Leading Questions

Insurance adjusters may ask you questions that seem simple enough, but think twice before answering them. They can take your words out of context and use them against you.

For example, they may ask how you are doing. Do not reply with the typical “fine” or “okay” – answers like these can be used to downplay your injuries. Instead, you can just say that you are ready to give your statement.

If they try to discuss your injuries, you should tell them that you are seeing a doctor. Do not go into any more detail. You do not want to give them any fodder to undervalue or deny your claim.

Related: Should I Hire an Attorney in Virginia or Let the Insurance Company Handle My Car Accident Claims?

Consider Hiring a Lawyer

Lastly, consider hiring legal counsel. You have the right to hire a lawyer when making an insurance claim. An attorney from our firm can review your statement before you speak to an insurance adjuster, then handle all future communications with the insurance company.

Our firm can also help:

• Investigate your case and counter an insurance adjuster’s determination of fault
• Gather evidence of the other party’s negligence
• Manage all paperwork associated with your claim
• Negotiate a fair settlement
• Assess settlement offers and prevent you from accepting one that does not fairly compensate you
• File a personal injury lawsuit
• Represent you at trial
• Keep you updated about your case’s progress

We tailor our legal services to each client’s unique circumstances. You can discuss your case during a free, no-obligation consultation to learn more about what we can do for you.

We Can Handle Your Case on Contingency

You do not have to worry about upfront legal fees with our firm. We only collect our payment from a potential settlement or verdict we win on your behalf. This way, we can get to work immediately, and you do not have to risk any further losses.

Related: How Long do I Have to Report a Car Accident to Insurance in Virginia?

See a Doctor as Soon as Possible

Your health should be your first priority. See a doctor as soon as possible after your accident, so they can assess your injuries and provide treatment. Furthermore, medical documentation can prove instrumental for your claim by linking your injuries to your accident. Your prognosis can then help us calculate your damages.

If you refuse treatment, an insurance adjuster could argue that you contributed to your injuries or they are not as bad as reported. They may attempt to undervalue or deny your claim.

You may have to speak with an insurance adjuster before you have a chance to see a doctor. Still, you can tell the adjuster that you have started seeking medical attention. For example, you can schedule an appointment with your primary care physician. Remember, do not answer any questions about your injuries.

Related: The Other Driver's Insurance Company Says It Can Send Me A Check, Should I Take It?

The Parrish Law Firm, PLLC Is Ready to Help

Before speaking with an insurance adjuster, have your statement ready and be on the lookout for leading questions. We hope you will also consider working with a lawyer from our firm to protect your rights to compensation.

We can help you prepare for your conversation with an insurance adjuster and handle all communications moving forward. This way, you will be able to focus on your health instead of dealing with insurers. For a free consultation, call us today at (571) 229-1800.

If you or a loved one was injured in an accident, you may have grounds to bring legal action against the liable party. Yet, navigating a legal case can be complicated—especially if you’re recovering from serious injuries. 

You may benefit from hiring a personal injury attorney. While you are in treatment and resting, they can protect you from insurance companies, quantify your damages, and handle negotiations. All of this help is available on contingency, minimizing your financial obligations. 

What a Personal Injury Attorney Can Do to Serve You

Some of the many benefits of hiring a personal injury attorney include:

They Will Protect You From Insurance Companies Engaging in Bad Faith

It’s typical for the insurance company to call you soon after your accident. The adjuster may ask you to give a recorded statement that details your side of what happened. It’s best for you to refrain from giving them one. Insurance companies are known for twisting injured claimants’ words. 

In addition, the insurer could try to pressure you into accepting a settlement. Most likely, the offer won’t be sufficient enough to cover the full extent of your damages. Once you accept an offer, you cannot ask for more money later on. If you end up needing more medical care, you would have to pay those costs out of pocket.

In the event that the insurer calls you, refer it to your personal injury attorney. They have experience dealing with insurance companies, so they are equipped to protect you from manipulative strategies.

They Can Quantify All of Your Damages

When you’re hurt in an accident, you may face a wide range of damages, including:

• Medical bills for past and ongoing care
• Lost income
• Future loss of earning capacity
• Disfigurement
• “Pain and suffering” and inconvenience
• Mental anguish

The first three damages are simple to quantify, but adding up all those bills, receipts, and invoices takes time, and it’s easy to lose track of these documents. The latter damages can be difficult to assess as well, but for different reasons. Because they are intangible, their true amount may be unclear.

Your lawyer will calculate each of your losses, including those not mentioned here, by noting how they have affected you physically, emotionally, and of course, financially. On top of reviewing your medical bills, pay stubs, or vehicle repair invoices, they will also consult your doctors and economists to determine your case’s value. 

They Will Represent You Throughout Settlement Negotiations

After your lawyer has assessed your damages, they will know how much compensation you may demand from the insurer. It is common, however, for insurance companies to offer low sums at first. 

You can rely on your lawyer to carefully review each offer and present a counteroffer if the initial one is inadequate. They will negotiate until they reach a fair figure.

Although it is atypical, there are times where your attorney and the insurer cannot settle. In that case, your lawyer should be willing to take your personal injury case before a jury to continue your pursuit of compensation.

You don’t Pay Any Upfront Costs When You Hire a Personal Injury Lawyer

If you represent yourself in a personal injury case, you may have to pay filing fees and other legal fees. These expenses can cost thousands of dollars, which may add to your mounting financial stress. 

If you hire a personal injury attorney, their firm may finance your case and offer their services for a contingency fee, which usually entails:

• No retainers
• No out-of-pocket or upfront fees
• No hourly payments

If your lawyer achieves a settlement or wins a court award, they will deduct their fee from that. Should the outcome be unsuccessful, there is no need to reimburse your attorney.

This fee structure saves you money and considers your financial limitations.

Your Lawyer Will Outline Your Next Steps After Getting Hurt

The measures you take after getting hurt could influence your case’s outcome. You want to do everything possible to secure just compensation for your hardships. To meet this goal, your lawyer may recommend: 

• Seeking medical attention 
• Following your prescribed treatment plan 
• Limiting your social media use 
• Documenting your injury-related expenses 
• Taking time off work to recover from your condition 
• Requesting a copy of the accident report 
• Declining to give a recorded statement

They may offer additional measures to those listed here. 

Related: Should I Hire an Attorney in Virginia or Let the Insurance Company Handle My Car Accident Claims?

Call the Parrish Law Firm, PLLC for Help With Your Personal Injury Case Today

If you hire a personal injury attorney from the Parrish Law Firm, PLLC, you won’t have to worry about any aspects of your case, as we will provide all the benefits listed here and more.

Reach out to us at (571) 229-1800 for a free consultation. Make sure you call us soon, because Va. Code § 8.01-243 limits the amount of time we have to act.

If a drunk driver hit you, here’s what you could do to protect your legal rights and well-being:

• Report the accident to the police
• Seek immediate medical attention and follow your treatment plan
• Gather evidence at the scene if you are able
• Keep a record of the details of the crash and any bills you incur as a result
• Be wary of accepting an insurance settlement too quickly
• Learn about your legal options during a free consultation

Report the Accident to the Police

Notifying law enforcement can provide invaluable assistance at the time of the accident. In addition, the officer will prepare a police report detailing field sobriety tests and other information. This can serve as vital evidence in your insurance claim or lawsuit at a further date.

Seek Immediate Medical Attention

Seeking medical attention right away is vital to protect your health. Having yourself checked by a doctor can help identify any harmful symptoms that could affect you in the days and weeks to follow.

Demonstrating that you were concerned about being injured at the time of the accident means you will also have a record of your medical evaluations, diagnosis, and treatment which may be necessary for your financial recovery later on.

You also want to follow all your doctor’s orders to protect your physical and financial health.

Gather Evidence at the Scene If You Are Able

If you are able and it is safe to do so, gathering evidence from the accident scene can benefit you. You could use:

• Insurance, license,  and contact details of the other driver
• Photographs of your injuries and vehicle damage
• Witness contact details
• Locations of nearby CCTV cameras

Such evidence could show that there was more than one driver at fault. We will seek fair damages from all liable parties.

Keep a Record of the Details of the Crash and Any Bills You Incur As a Result

Write down in detail your version of events leading to, during, and after the accident, so you do not miss any details when discussing your case. Keeping a record of any bills you incur, such as:

• Medical fees, prescriptions, or treatment costs, can also be a huge help for your compensation claim later on.

Be Wary of Accepting an Insurance Settlement Too Quickly

Insurance companies often attempt to settle cases quickly before the full extent of a DUI accident victim understands the extent of their injuries. Further, insurers do not usually begin negotiations with a high amount during the early stages. So, you mustn’t feel pressured into accepting their initial offer.

Keep in mind, once you agree to a settlement, you cannot pursue further compensation if your injuries worsen or other health complications arise due to the accident.

Learn About Your Legal Options During a Free Consultation

The stress of managing a complex compensation claim can be exhausting, especially while recovering from your injuries. Therefore, it can be beneficial to cover your bases and learn about your legal options before talking to insurers first during a free, no-obligation consultation with a drunk driving injury lawyer’s staff.

What Compensation Is Available to Me?

In Virginia, drunk drivers are responsible for compensating the victims they harm or worse in an auto accident. However, problems arise if the other party is uninsured or underinsured, for example. Without enough coverage on your own policies, you might need to seek damages by filing a personal injury lawsuit.

Compensation is available to cover the following losses, but you will need to prove the impaired driver caused your injuries resulting in expenses related to:

• Current and future medical bills and rehabilitation costs
• Lost wages and compensation if your employment is affected in the future
• “Pain and suffering” and inconvenience
• Other out-of-pocket expenses
• Wrongful death damages if the accident resulted in the loss of a loved one

Your injury lawyer can help you understand your legal options, calculate your damages, and pursue compensation on your behalf from the appropriate channels.

How Long do I Have to Seek Compensation?

DUI accident victims generally have two years to file a lawsuit against an impaired driver per Code of Virginia § 8.01-243. Similarly, bereaved families of loved ones killed by a drunk driver must also file a wrongful death lawsuit within the same period under Code of Virginia § 8.01.244.

You want to act quickly regardless, as it is often easier to gather evidence and speak with witnesses soon after an accident.

Related: Can I make an injury claim for someone that hit me while I was riding my bicycle?

The Parrish Law Firm, PLLC Fights for Victims of Drunk Driving Accidents

At the Parrish Law Firm, PLLC, we work closely with our clients to ensure they feel seen, heard, and protected while recovering from injuries. Our team knows what a fair settlement looks like and will fight for the compensation you deserve to move on with your life.

Our team is here to help after a drunk driver hits you or a loved one. Call our office today at (571) 229-1800 for a free consultation to learn more about your legal options.

If you were in an accident caused by a phantom driver, your personal injury lawyer could help you pursue compensation for your medical bills and other losses. If a phantom driver caused a collision between you and another vehicle, your attorney could help you prove you were not at fault.

What Is a Phantom Driver?

Phantom drivers are motorists who cause a car accident without ever contacting another vehicle. These drivers often leave the scene, either to avoid responsibility or because they are unaware they have caused an accident. For this reason, phantom driver accidents are also called “miss and runs.”

These accidents usually occur when a driver performs a defensive maneuver to avoid a collision with a phantom driver. For example, a phantom driver may pull out in front of you, causing you to swerve or stop short to prevent a collision. However, this action could result in you hitting another vehicle, running off the road, or getting rear-ended.

How Can Your Personal Injury Lawyer Help You Seek Compensation for Your Accident?

Because phantom drivers frequently do not stop at the scene, you might find it challenging to hold them financially responsible for your damages. However, when it comes to seeking compensation, you can turn to your uninsured motorist coverage for losses caused by an unidentified driver, according to Va. Code § 38.2-2206.

Your insurance company will want proof that a phantom driver caused your crash. They may even try to reduce or deny your settlement by placing the blame on you. To combat this tactic, your personal injury lawyer can:

• Locate and speak with eyewitnesses who saw your crash.
• Obtain available cellphone or surveillance video of your accident.
• Help track down leads, such as a license plate number, which could locate the phantom driver.
• Take photographs of your crash site, vehicle damage, and injuries.
• Contact experts, such as medical professionals and crash reconstructionists, who can testify on your behalf.
• Obtain official crash reports from local law enforcement.

Recoverable Damages in an Insurance Claim

Throughout the insurance claim process, your attorney will handle communications with the insurance company. They will make sure your case progresses as quickly as possible, review your settlement offers, and negotiate for the highest amount of compensation possible for you. In addition, your lawyer will work to secure these awards:

• Medical bills: Including past and future accident-related treatment, such as surgeries, hospitalizations, and rehabilitation services.
• Lost income: Including your back pay and loss of future earning capacity if your injuries keep you from returning to work.
• “Pain and suffering” and inconvenience: Including awards for chronic pain, scarring and disfigurement, loss of mobility, stress, anxiety, and depression.
• Wrongful death: This compensates you if your loved one suffered a fatal injury. You could recover for your loved one’s medical expenses, funeral and burial costs, and the loss of their income, wages, and benefits.

What Happens If a Phantom Driver Caused You to Hit Another Car?

Phantom driver accidents become even more complicated when the miss and run driver causes a collision between you and another vehicle. The driver you hit may try to hold you liable for their damages. A personal injury lawyer can help you prove you were not driving negligently and should not have to pay for their losses.

Related: How Can My Lawyer Negotiate a Settlement in Virginia?

Can Your Personal Injury Lawyer Help You Pursue a Lawsuit?

If the insurance company denies your claim or does not offer a satisfactory settlement, you can seek compensation in civil court. Your personal injury attorney can represent you in a lawsuit.

There is no deadline for filing an insurance claim, though you should start the process as soon as possible following your accident. If you must take legal action, you are bound by Virginia’s statute of limitations.

According to Va. Code § 8.01-243, you have two years to file a personal injury lawsuit. The law also allows two years to file a wrongful death lawsuit, according to Va. Code § 8.01-244. The clock starts when your accident occurred or upon your loved one’s death.

Related: Should I contact a lawyer if I believe I am being exposed to carbon monoxide?

Call the Parrish Law Firm, PLLC for Help with Your Phantom Driver Accident Case

Attorney Jim Parrish focuses exclusively on personal injury law. For years, he worked representing insurance companies. He now uses the information he gained working inside the insurance industry to help personal injury clients get the compensation they need. He will not allow insurance companies to give you the runaround or unfairly deny you the money you deserve.

Seeking justice should not add to your financial concerns during an already trying time. We take cases on contingency, meaning you do not pay a fee unless we win a settlement or verdict in your favor. To learn more about how Jim Parrish and the Parrish Law Firm, PLLC can serve you, call (571) 229-1800 today for a free consultation.

Related: Do I need to hire a personal injury lawyer in my city or town?

Car Accident eBook [Free Download]

Unsure about what to do after a car accident or have questions regarding your auto accident case that remain unanswered? Download our free Virginia Car Accident Guide eBook or give us a call at (571) 229-1800.

When a Lyft driver gets into an accident, what happens after depends on many factors, including the circumstances of the crash and the driver’s insurance status. Your options will depend on what you were doing at the time of the accident, whether Lyft employs you or the other party, and whether the involved drivers have personal coverage.

Insurance Coverage Offered by Lyft

According to Lyft’s information on insurance coverage, there are circumstances in which the company provides “third-party liability insurance for covered accidents if your personal insurance does not apply.” This coverage is designed to protect the Lyft driver from the time they accept the ride request until the ride is completed.

Contingent Collision Coverage

This coverage covers the damage to the Lyft driver’s vehicle as long as they also have their own collision coverage on their personal insurance. This coverage will apply regardless of whether the Lyft driver was at fault for the accident.

Contingent Comprehensive Coverage

If the Lyft driver maintains comprehensive coverage on their own personal insurance, Lyft’s comprehensive coverage covers non-collision damage to their vehicle. Just like Lyft’s contingent collision coverage, this applies regardless of fault.

Uninsured and Underinsured Motorist Coverage

This coverage applies to both the Lyft driver and their passengers if they are struck by an uninsured or underinsured motorist who is at fault for the accident.

When Lyft’s Coverage Does not Apply

If the driver is offline on the app, their own personal insurance applies, not their Lyft insurance coverage. This is considered personal driving and is not covered, even if the driver was recently active on the app. Additionally, some of these coverages may only apply at certain points during the ride (such as when passengers are in the vehicle).

Related: Who Pays for Car Accident Compensation in Virginia?

What to do when Lyft’s Insurance Coverage is not Enough

Lyft’s liability insurance is capped at $1,000,000 when there is a passenger in the vehicle, and at $100,000 when the driver is on the app but does not yet have a passenger. This may not be enough to cover your losses if you suffer serious injuries after being involved in a Lyft accident as a passenger, driver, pedestrian, or cyclist.

Your Options as a Lyft Driver

Since your insurance coverage protects you regardless of who is at fault for the accident, you can file a claim to recover compensation to get your vehicle repaired, pay off your medical bills, and offset your lost wages. Unfortunately, if you were seriously injured, this may not be enough.

If the other driver who struck you was at fault for the accident—either because of a negligent act or omission—then you can recover damages for your medical bills, lost wages, and “pain and suffering” and inconvenience through a lawsuit. A personal injury attorney with experience handling Lyft accident cases can investigate your accident to determine what caused the crash and to prove that the other driver’s negligence resulted in your injuries.

Your Options as a Lyft Passenger

Although you can file a claim with Lyft’s insurance and/or the other involved parties’ insurance, that still may not be enough if you have suffered serious injuries. A lawyer can help you hold the negligent party who caused your accident and injuries accountable through a personal injury lawsuit.

Your Options if You were Struck by a Lyft Driver

If a Lyft driver struck you, the amount of money you can recover by filing a claim with Lyft’s insurance might vary. The amount you can secure is based on the crash circumstances and if there were Lyft passengers in the vehicle at the time.

When a negligent Lyft driver seriously injures you, you may be able to sue the company’s (or the driver’s) policy for damages such as your resulting medical bills, lost wages, and “pain and suffering” and inconvenience.

Related: Who is Liable for a Car Accident in a Construction Zone in Virginia?

Benefits of Pursuing Your Legal Rights

You could hold a liable driver accountable for their reckless or negligent actions. This might force them to reconsider their actions and drive safer in the future. It could also provide you some closure after the trauma you suffered. Call today so we can get started on your case.

Most importantly, a settlement or judgment could take the pressure off you if you are struggling to pay your regular bills and your accident-connected losses. Your lawyer will strive for a goal figure that fairly compensates you for damages.

Related: Should I Hire an Attorney in Virginia or Let the Insurance Company Handle My Car Accident Claims?

Contact the Parrish Law Firm, PLLC Today

According to Va. Code §8.01-243 and Va. Code §8.01-244, the statute of limitations for pursuing a personal injury or wrongful death lawsuit after a Lyft accident is generally two years.

Since your time is limited, call the Parrish Law Firm, PLLC to get started today. Contact us at (571) 229-1800 to learn more about what happens when a Lyft driver gets into an accident and to receive your free case evaluation.

The fast answer: Yes! Depending on the circumstance, insurance companies may pay for “pain and suffering” and inconvenience if a person sustains a physical injury because of someone else’s negligence. Usually, you cannot get compensation for intangible losses like “pain and suffering” or inconvenience in a personal injury claim when a physical injury is not present.

Example: Several cars were engaging in illegal street racing on narrow streets in a downtown area of a city. A pedestrian who was crossing the roadway legally in a crosswalk nearly got struck by the speeding vehicles. Luckily, the walker did not sustain any physical injuries, even though the event was terrifying. The pedestrian is unlikely to win an award of money damages for “pain and suffering” or inconvenience.

An Overview of “Pain and Suffering” and Inconvenience

If you’re wondering do insurance companies pay for pain and suffering and inconvenience, the first step is to understand how it is defined. “Pain and suffering” can include physical discomfort and emotional distress caused by an accident, associated medical treatments, and recuperation time. The term “pain” refers to physical hurting from injuries.

“Suffering” relates to the mental anguish of going through an accident, worrying about the severity of your injuries and whether you will have to face a life of limitations, and other types of emotional distress.

Inconvenience deals with the disruption in your life. On the day of the pedestrian accident, your schedule most likely got turned upside down. If you got admitted to the hospital, other things that you planned to do likely were canceled as well. Recuperating from surgery or other medical procedures often sideline a person from work and from activities for several weeks, months, or even years. Having to go to multiple physical therapy visits may also keep you from being able to work your usual hours.

Related: Who Pays Pain and Suffering in an Auto Accident?

Damages in Personal Injury Claims

We cannot say how much compensation you can pursue for your pedestrian accident case without first talking to you and investigating your situation. Even if you were walking down the sidewalk with a friend and you both got hurt, your friend’s losses could be quite different from yours.

If you’re wondering do insurance companies pay for pain and suffering and inconvenience, you should know that the amount that you can go after will depend on the unique facts of your claim. Every case is different, which makes every outcome different.

Economic losses are things like medical bills and lost wages that are straightforward to measure in dollars because of the paperwork that tends to come with these items. Losses that do not typically have these documents can be more difficult to calculate, but we can determine their value.

Here are some examples of money damages you may be entitled to based on the facts of your case:

• Medical expenses. You can include the reasonable cost of medical treatment you needed for your injuries, including things like the ambulance, emergency room, hospital, doctors, diagnostic procedures, imaging studies like x-rays, blood transfusions, surgery, pain management, and physical therapy.
• Rehabilitation center. If you sustained severe injuries, you might need to receive specialized care at a facility that focuses on specific types of harm, like traumatic brain injury (TBI) or spinal cord damage. These services could be inpatient, outpatient, or both.
• Lost income. When you miss time from work, you might not get paid. If your injuries prevented you from working and you missed paychecks as a result, you might have a claim for your lost wages, salary, self-employment, and other forms of regular income.
• Diminished earning capacity. A significant injury might leave a person unable to make as much money as before. The decrease in earnings can be compensable if you have to work fewer hours or take a lower-paying position because of your injuries.
• Other intangible losses. In addition to “pain and suffering” and inconvenience, you might be eligible for other noneconomic damages. This category refers to losses that typically do not come with invoices or receipts to set a dollar value of the claim. Things like disfigurement, post-traumatic stress disorder (PTSD), and the loss of enjoyment of life can be part of this category.

If you’re asking yourself do insurance companies pay for pain and suffering and inconvenience, don’t overlook that you might have other types of losses that could be compensable. We can talk with you to find out the appropriate claim items for your circumstances. If you try to handle your injury claim on your own without a lawyer, the insurance company might make a lowball offer to settle your case on the cheap.

The state of Virginia (§8.01-243) limits the amount of time you have to file a lawsuit seeking money damages for your injuries. If you miss the deadline, the law can prevent you from ever going after compensation.

I was injured in a car accident and the other driver’s insurance company paid for my car repairs and rental car. An entirely different insurance adjuster will likely handle your injury claim. The adjuster will either pay you as little money as possible to settle your claim or find an excuse to deny your injury claim altogether.

You should read my book, The Virginia Car Accident Guide, (it is free of charge for people involved in Virginia car accidents) for more information about the insurance claims process and the schemes the insurance companies use to avoid paying fair settlement amounts.

Related: When Do You Start Collecting Pain and Suffering after a Car Accident?

What Happens if I Was Injured in a Collision Caused by an Uninsured Driver?

You may have a claim for Uninsured (or “UM”) benefits under your own automobile insurance policy.

If you make a UM claim, your own insurance carrier has the right to use all defenses that the other driver would have against you. Many people mistakenly believe that they will be treated better by their own insurance company; however, this just is not true.

Your insurance carrier will be allowed to assert all defenses available to the at-fault driver and will defend the claim as aggressively as any other claim against it. Accordingly, a UM claim creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain experienced counsel when asserting a UM claim.

As can be expected, your own insurance carrier will NOT be looking out for your interests (even though you are its own insured!). Rather, your insurance carrier will be looking for ways to pay out as little money as possible. In the event you do not have UM coverage, you may have no other practical means of obtaining compensation for your injuries.

This is why you should always carry UM automobile insurance coverage, preferably with liability insurance limits of at least $300,000.

Related: How Is Pain and Suffering Calculated in Virginia?

How to Get Legal Help for Your Injury Claim

We dedicate ourselves to helping people who get hurt through the negligence of others. At the Parrish Law Firm, PLLC our clients get to focus their attention and energy on getting better because they know that we are taking care of their legal matters.

You can call us today at (571) 229-1800 to get started. The initial consultation is free, and there is no obligation.

In most cases, you have 2 years to file a personal injury claim in Virginia. There are many statutes of limitations laws in Virginia that relate to the timeliness of filing a lawsuit. However, for personal injury claims, a victim typically has 2 years to file a lawsuit to obtain compensation for their injury due to someone else’s negligence.

The Statute of Limitations for Your Personal Injury Claim

Virginia Code § 8.01-243(A) sets the statute of limitations for personal injury claims in Virginia. If you file your lawsuit within the first two years after the accident or incident, you will be within the statute of limitations. This timeline applies to car accidents, assault, battery, (most) medical malpractice, and products liability. This statute of limitations is firm, and courts typically never adjust or extend the deadline. It is important to file your personal injury claim in a timely manner, otherwise, the court may dismiss your lawsuit entirely.

Statutes of Limitations in Virginia

A statute of limitations is a time limit or deadline for filing a lawsuit in a Virginia court of law. If you attempt to file a lawsuit after this period of time runs out, the court will likely dismiss your claim and you will be barred from pursuing your claim in court, even if it is legally sound and legitimate.

The courts take statutes of limitations very seriously, and they are strictly enforced. You have a very limited time after an accident or incident that caused a personal injury, therefore contacting a personal injury attorney who can help you understand your specific rights and the statutes of limitations relevant to your case is important.

Reasons There Are Statute of Limitations

Statutes of limitations have existed in the court systems for hundreds of years. They were established to ensure that a plaintiff or victim would file a claim for their legal rights within a reasonable period of time. Statutes of limitations exist to prevent stale or fraudulent claims from appearing years—or decades—later, when the evidence cannot be corroborated due to people forgetting details or witnesses passing away.

If Your Personal Injury Claim is Against the Government

Special rules apply if your personal injury claim is against a government entity in the state of Virginia.

When you file an injury claim against a municipality or county in Virginia, you have six months from the date of your injury to submit a written notice of claim. A lawyer can help you ensure that this notice includes the necessary information and is submitted to the correct individuals.

If you file a claim against the State of Virginia, you have one year to file this notice of claim with the State Director of the Division of Risk Management or the Attorney General. After you have filed your notice of claim, you will be able to file a lawsuit. You must file your lawsuit against the State of Virginia within two years of your injury. Virginia personal injury lawyers can help.

Related: How do Virginia Cell Phone Laws Affect Car Accident Injury Cases?

How Statutes of Limitations Affect Your Filing a Claim

Virginia law states that you only need to file a civil action before the statute of limitation period expires. You do not need to have your case heard or settled by either a judge or jury before the statute of limitations runs out. In fact, in many cases, due to the medical issues or complicated nature of the case, the actual case may take more than two years to resolve.

Related: Is Virginia a No-Fault State for Car Accidents?

Extending the Timeline

There are certain circumstances under which Virginia will allow the statute of limitations to toll. This means that the statute of limitations will not begin from the date of the personal injury, rather it will be suspended for a period of time. The personal injury statute of limitations may be tolled under the following circumstances:

• The plaintiff is a minor;
• The plaintiff has a disability;
• The plaintiff is not of sound mind;
• The defendant committed fraud in some way;
• The action has been nonsuited.

Other than these very specific instances, a court in the state of Virginia is not likely to extend the statute of limitations deadline for your claim.

Related: What is the Virginia statute of limitations?

Contact the Parrish Law Firm, PLLC Today

Determining your statute of limitations for your personal injury claim is a significant legal issue that can impact your entire case. Knowing how long you have to report a personal injury claim in Virginia, we hope you contact our legal team at the Parrish Law Firm, PLLC at (571) 229-1800 or online today for your free consultation regarding your personal injury claim.