You’re driving along, minding your own business, when BAM! another car runs into you. Your initial thought is probably not, “How much can I get from this guy for this accident?” Initially, you are most likely taking inventory of your body to see if anything is hurting you. Then, you are probably thinking of all the inconvenience this will cause you, how you will get to work, and if the other driver will try to blame this accident on you. Without realizing it, you have just covered the different types of damages you can receive in a personal injury case.
In this article, we provide you with an overview of compensation in a motor vehicle accident. Remember, however, that there are always exceptions and other considerations that could impact your claim. Therefore, it is always in your best interest to consult an experienced, knowledgeable personal injury attorney to guide you through this process.
Types of Damages
There are primarily two types of damages for which you can be compensated for in a car accident.
Economic Damages: These are intended to reimburse you for the financial impact of the accident and include:
- Medical expenses, including hospital bills, medications, and rehabilitation services, if needed.
- Lost income, including what you would have earned if not for work missed while recuperating, and any reduction in your income because of injuries that prevent you from returning to the work you did before the accident.
- Property damage to your vehicle and/or other property.
Non-Economic Damages: These types of damage are intangible losses and are harder to quantify in monetary terms. Often, the awards for these types of losses are much greater than for measurable economic damages. Non-economic damages might be awarded for:
- Emotional distress, such as fear and anxiety.
- Mental anguish, such as depression or PTSD.
- Disfigurement, such as visible scarring or deformities.
- Loss of enjoyment in activities you enjoyed prior to the accident.
- Loss of consortium, such as your spouse being unable to enjoy your company because of the effects of the accident on you; can include companionship, as well as intimate relations.
- Inconvenience, including the time you had to spend recovering and your efforts to deal with the aftermath of the accident.
Caps On Non-Economic Damages
It is easy to see that non-economic damages are difficult to quantify. At trial, an overly sympathetic jury could award millions when such an amount is not warranted. For this reason and in an effort to keep insurance costs down, many jurisdictions have enacted laws that limit the amount you can recover.
Virginia and the District of Columbia do not have maximum caps on such damages. Maryland, however, does have a statutory cap on non-economic damages. As of 2024, the cap on pain and suffering for non-fatal injuries is $935,000. This amount increases by $15,000 each year. So, even if the value of your pain and suffering exceeds this amount, you can only recover up to that limit.
Punitive Damages
There is one more type of damage that you could recover, but only under certain circumstances: punitive damages. Unlike the other types of damages, these are not designed to compensate you for your losses due to the accident, but rather to punish the person who injured you. Punitive damages are awarded in instances where the defendant’s behavior was exceptionally reckless, malicious, or intentionally harmful. Examples of this type of award would be a drunk driver or a road rage incident that caused your accident.
Contributory Negligence
Maryland, Virginia, and the District of Columbia follow the principle of contributory negligence. This means that if you are even 1% responsible for the accident, and the other driver is 99% responsible, you would still be barred from recovering any damages. This is why it is crucial to work with an attorney experienced in personal injury cases.
Statute of Limitations
In all three jurisdictions, there is a time limit which dictates when you can bring a lawsuit against the other driver. This is called the statute of limitations. In Maryland and the District of Columbia, that time frame is three years; in Virginia, it is two years. The deadline timeframe might be different in certain circumstances such as when the injured person is a minor or in cases where the wrongdoer is an employee of a governmental entity. However, regardless of the specific timeframe calculation for the specific circumstances of your case, the general rule of thumb is that if you miss the applicable statute of limitations deadline you will be prohibited from bringing a suit. This does not mean that your case has to be over and done within two or three years, only that the case has commenced.
We Are Here To Help
Successfully navigating the legal landscape in Virginia, D.C. and Maryland requires a thorough understanding of the local legal systems and strategic skill in negotiation and litigation. The team at Jennifer Porter Law, PLLC, has the knowledge and experience to help you reach the best outcome. We strive to provide you with comprehensive guidance at every stage, ensuring you are well-informed and confident in the decisions made regarding your case.
We are committed to providing personalized and attentive legal representation. Call us at (571) 532-9070 or go online to schedule a consultation to learn what may be possible in your case.
