Can I Sue for Pain and Suffering After a Virginia Car Accident?

 Posted on July 16, 2025 in Personal Injury

Car accidents often leave more than just physical injuries. Many people deal with ongoing pain, emotional trauma, and disruptions to daily life. In Virginia, the law recognizes these struggles and allows you to seek compensation for pain and suffering with a personal injury claim.

Securing this type of compensation can be complex, especially because pain and suffering damages are not tied to exact dollar amounts like medical bills or property damage. Working with a Tysons, VA car accident lawyer can be invaluable when seeking fair compensation after a crash.

What Counts as Pain and Suffering in Virginia?

Under Virginia law, pain and suffering includes both physical pain from injuries and emotional distress, such as anxiety, depression, loss of enjoyment of life, and mental anguish. Daily activities, hobbies, relationships, and overall quality of life can all be affected. Even injuries that seem minor at first can cause lasting discomfort or emotional distress. Each person’s experience is unique. Careful documentation and medical evidence can help prove non-economic losses, like pain and suffering.

How Do You Calculate Pain and Suffering After a Car Accident?

Pain and suffering damages do not have an obvious monetary value. Instead, courts and insurers rely on various methods to estimate appropriate amounts. Two common approaches in Virginia include the multiplier method and the per diem method.

With the multiplier method, your economic losses, like medical bills, are multiplied by a number between 1.5 and five. A larger number would indicate more severe pain and suffering. The per diem method uses a specific daily dollar amount for each day of pain, starting from the accident date until maximum recovery. No official law requires the use of one formula over another, but the multiplier method is more common.

Judges, juries, and insurance adjusters examine medical records, personal testimony, photographs, and other evidence to determine fair compensation. However, there is one major factor that can dramatically impact your compensation. Virginia is one of a small number of states that follow the contributory negligence rule, outlined in Virginia Code § 8.01-58. This law states that you cannot recover any compensation if you are even slightly at fault. If you have concerns about your role in the accident, talk to an attorney immediately.

What Other Damages Can You Recover From a Virginia Car Accident Claim?

Under Virginia law, you can seek economic and non-economic damages for a car accident claim. Pain and suffering will make up your non-economic damages. Economic damages can include:

• Current and future medical expenses

• Wages lost when you were unable to work

• The cost of repairing or replacing your damaged property

• The loss of earning capacity for a reduced ability to work in the future

• Any other expenses directly related to your injuries and the accident

While rare, punitive damages may also be available. For example, Virginia Code § 8.01-44.5 allows victims to seek punitive damages if they are hit and injured by a drunk driver. The court uses punitive damages to punish particularly egregious actions – like driving while intoxicated.

Schedule a Consultation With a Tysons, VA Car Accident Attorney

Pursuing compensation for pain and suffering after a Virginia car accident requires careful legal work and strong evidence. The Arlington, VA car accident lawyers at Salvado Law Offices can provide the guidance and support needed to handle complex claims. We are fully committed to taking your case and fighting aggressively to protect your rights. Call 703-379-9446 today to schedule a consultation. Se habla Español.