Virginia Personal Injury Settlement Calculator
Estimated Settlement & Recovery
Non-Economic Damages: $0.00
How the Virginia Personal Injury Settlement Calculator Works
This calculator combines your economic losses (like medical costs and lost income) with non-economic damages (like pain, suffering, or emotional trauma) to estimate your total potential settlement.
It’s designed with Virginia’s contributory negligence rule in mind—a strict legal standard that affects how much, or whether, you can recover damages at all.
Here’s a breakdown of how the calculator works step by step:
1. Determine Fault
The first question the calculator asks is simple:
Were you at all at fault for the accident?
Virginia follows a pure contributory negligence rule, which means if you’re even 1% at fault, you cannot legally recover damages.
If you select “Yes,” the calculator immediately returns $0, along with a reminder of this strict rule.
That’s harsh—but it’s the law in Virginia.
2. Add Up Economic Damages
Next, you’ll enter your out-of-pocket financial losses, such as:
- Medical expenses (past and future): Hospital bills, rehab, prescriptions, surgeries, etc.
- Lost wages (past and future): Time off work due to recovery or long-term disability.
- Property damage: The cost to repair or replace your vehicle or other property.
These numbers form the base of your economic damages—the measurable, financial part of your claim.
3. Estimate Pain and Suffering
The calculator then asks you to rate your injury severity, which automatically applies a multiplier to estimate non-economic damages like pain, emotional distress, and loss of quality of life.
| Injury Type | Example | Multiplier |
|---|---|---|
| Minor | Bruising, cuts, soft tissue injuries | 1.5× |
| Moderate | Broken bones, fractures | 3× |
| Severe | Permanent disability, PTSD, organ damage | 4.5× |
The formula looks roughly like this:
Non-economic damages = (Medical + Lost Wages) × Multiplier
So if you had $20,000 in combined medical and wage losses and a moderate injury, your non-economic damages would be around $60,000.
4. Consider Policy Limits
Even if your total damages are high, your final settlement may be capped by the at-fault driver’s insurance policy limit.
For instance, if your damages total $120,000 but their insurance only covers $100,000, the calculator will automatically show that cap and note:
“Capped by policy limit of $100,000.”
This step helps manage expectations—because in real-world settlements, insurance coverage limits often define the upper boundary of what’s recoverable.
5. Subtract Attorney Fees and Case Costs
If you hire a personal injury attorney (which is highly recommended in Virginia cases), you’ll likely pay a contingency fee—usually around 33.3% before litigation or 40% after a lawsuit is filed.
The calculator automatically adjusts your estimate based on your selected option and deducts attorney fees and case costs or medical liens to show your estimated net recovery—what you might actually take home.
Example Settlement Estimate
Let’s walk through an example:
| Input | Amount |
|---|---|
| Medical Expenses | $15,000 |
| Lost Wages | $5,000 |
| Property Damage | $8,000 |
| Injury Severity | Moderate (3× multiplier) |
| Policy Limit | $100,000 |
| Attorney Fee | 33.3% |
| Case Costs | $2,500 |
Step 1:
Economic Damages = $15,000 + $5,000 + $8,000 = $28,000
Step 2:
Non-Economic Damages = ($15,000 + $5,000) × 3 = $60,000
Step 3:
Total Settlement = $28,000 + $60,000 = $88,000
Step 4:
Attorney Fee = $88,000 × 0.333 = $29,304
Case Costs = $2,500
Net Recovery = $88,000 − $29,304 − $2,500 = $56,196
So, your estimated net recovery would be around $56,000.
Virginia’s Contributory Negligence Rule Explained
This rule is one of the most unforgiving in the country.
Even if the other driver is 99% at fault and you’re 1% at fault, you cannot recover damages.
That’s why proving zero fault and gathering solid evidence—like police reports, witness statements, and medical documentation—is absolutely critical in Virginia injury cases.
The calculator automatically applies this rule, instantly returning $0 if any fault is entered.
Why Use a Settlement Calculator?
A personal injury settlement calculator isn’t a replacement for an attorney—but it’s a valuable starting point for understanding:
- How much your case could be worth
- How attorney fees affect your final payout
- How insurance limits impact your compensation
- Whether pursuing a claim is financially worthwhile
It turns confusing math into a clear, visual estimate.
When to Talk to a Virginia Personal Injury Lawyer
If your injuries are serious or fault is disputed, talk to a local Virginia personal injury attorney.
They can:
- Evaluate your claim under Virginia law
- Gather and preserve key evidence
- Handle insurance negotiations
- File a lawsuit if necessary
Since most work on contingency, you don’t pay unless they win your case.