Legal Question in Personal Injury in Virginia

My son and I were involved in vehichle accident in which a county employee rear ended my vehicle while I was stopped in traffic. We went to see a doctor immediately after the accident and the doctor diagnosed us with soft tissue injuries. Because my back was injured in the accident I requested pain medication. I did not request pain medication for my son because he seemed to be okay at that time. However, a few days later he said his arm hurt a little. I gave him advil and an ice pack and he was okay. The majority of damage was to my vehicle. Since our claim is worth about $300; should I include both of our claims in one demand letter? OR should I submit two claim?


Asked on 4/17/10, 7:06 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

You should include everything all at once, and you should also make a note that there is continuing injury and yo umight not have discovered all of the injuries that may exist.

If they send you a check, they will want you to sign off that this is the final settlement of all cliams. So if you break it up into different parts ther eis a danger that you will receive the first payment and waive any further claim beyond that.

And there is no reason to break it up. Tthey might send you an interim check, but tell them everything all at once.

In terms of pain, you should keep a JOURNAL keeping track of all pain and discomfort, sleepless nights, any activity that you REFRAIN from engaging in because of pain or discomfort.

Virginia is stingy about such things, but you are entitled to some compensation for pain and suffering IF it is connected to an actual, real physical injury (not by itself alone) and if you can demonstrate PROOF of the pain and suffering. Hence, the journal. Records of advil or other pain killers, etc.

You are entitled to ALL of your out of pocket expenses to repair the car and also for treatment... any and all medical expenses, plus a reasonable estimate of your FUTURE medical treatment. If your doctor tells you that you will have any future medical costs, you may include this as well.

You are also entitled to something for pain and suffering. There is no formula fo rthis. It is subjective and arbitrary. Technically, the jury would decide.

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Answered on 4/23/10, 5:57 pm


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