If you are on vacation in Virginia and get injured, you can file a claim to recover compensation from the responsible party or their insurance company. The Halperin Law Center is one such firm known for helping people in these situations, and they and any other law firm would likely tell you that there are factors that need to be considered before settling a Virginia injury case while you are on vacation.
Insurance companies for hotels, car rental companies, restaurants, and more often take advantage of this lack of knowledge to convince the injured person they should accept a settlement that only pays for a portion of their damages. This can be a massive mistake for the injured party.
What Juries Consider in Personal Injury Cases in Virginia
The list below is a model instruction that every Virginia jury is read in a personal injury lawsuit. The jury must consider the following when considering damages to award you in a personal injury case:
- Any bodily injuries you suffer and their effect on your health
- Any mental anguish or physical pain you suffered due to the injury in the past and can expect to suffer in the future
- Any deformity or disfigurement and any related humiliation or embarrassment
- Any inconvenience that you dealt with in the past and any that may occur in the future
- Any medical costs that occurred in the past and any that you could expect in the future
- Any lost earnings because you could not work
- Any loss of wages or any reduction in earning capacity you can expect in the future
It is essential for people injured on vacation in Virginia to understand that they are entitled to compensation for all their medical costs both in the past and in the future. The claim should cover not only what you paid out of pocket, such as deductibles but also the entire amount of the medical procedure or treatment, including future treatment. Virginia state law says that you are entitled to payment for the full amount of your medical bills.
You are entitled to lost earnings that result from your injuries, as well as wages you will lose in the future. In some Virginia accidents, a person might be injured in a way that does not allow them to go back to their regular job. In that case, you are entitled to funds for loss of earning capacity.
As with medical bills, this includes salary, paid vacation time, paid sick time, disability benefits, workers comp benefits, and other payments. At the same time, if you miss work time, you should receive the full value of these lost wages and benefits.
Pain and Suffering
If you are hurt in a Virginia accident while on vacation, you are entitled to payment for non-economic damages that may at first seem intangible or unquantifiable. These losses are for your pain and suffering. However, that phrase is somewhat oversimplified. In Virginia, you are entitled to compensation for your injury, taking into consideration both its duration and its degree, as well as mental anguish and pain in both the future and the past.
Pain is a simple term, but it varies tremendously based on the injury and its severity. Mental anguish can include fear of driving after a car accident, or a fear of swimming if you are injured near a pool while on vacation. Visible injuries and scars that cause embarrassment should also be taken into consideration for compensation.
In summary, if you are injured while on vacation in Virginia, under state law, you are entitled to payment for any losses, including lost earnings, medical expenses, and pain and suffering, including mental anguish, disfigurement, and inconvenience. All of these losses should be taken into consideration during a personal injury claim in Virginia.