Neal Caffrey

Virginia

Virginia Personal Injury Settlement Calculator

Virginia Personal Injury Settlement Calculator


Estimated Settlement & Recovery

Final Estimated Settlement $0.00
Economic Damages: $0.00
Non-Economic Damages: $0.00
Attorney’s Fee $0.00
Case Costs & Liens $0.00
Your Estimated Net Recovery $0.00
Disclaimer: This calculator provides a rough estimate for informational purposes and is not legal advice. Virginia follows a strict contributory negligence rule. This means if you are found to be even 1% at fault, you are barred from recovering any damages. This calculator applies this rule. Consult a qualified Virginia attorney for accurate legal counsel.

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 TypeExampleMultiplier
MinorBruising, cuts, soft tissue injuries1.5×
ModerateBroken bones, fractures
SeverePermanent disability, PTSD, organ damage4.5×

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:

InputAmount
Medical Expenses$15,000
Lost Wages$5,000
Property Damage$8,000
Injury SeverityModerate (3× multiplier)
Policy Limit$100,000
Attorney Fee33.3%
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.

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