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The statute of limitations is two years for most personal injury, medical malpractice, and wrongful death cases in Virginia.

For most cases, you must file a lawsuit within that time frame. But there are exceptions (e.g., for minors).

Most personal injury cases settle without having to go to trial, but it depends on a number of things such as the strength of evidence, how willing the insurance company is to negotiate in good faith, and the client’s goals.

Even when a settlement is likely, it is best to prepare for trial, because a trial-ready case often leads to better settlements. That is why we prepare every case for trial, even though most cases settle.

In Virginia, the jury considers the following factors when deciding the amount of a verdict:

(1) Any bodily injuries sustained and their effect on health according to their degree and probable duration;

(2) Any physical pain and mental anguish suffered in the past and any that may be reasonably expected to suffer in the future;

(3) Any disfigurement or deformity and any associated humiliation or embarrassment suffered in the past and any that may be reasonably expected to suffer in the future;

(4) Any inconvenience caused in the past and any that probably will be caused in the future;

(5) Any medical expenses incurred in the past and any that may be reasonably expected to occur in the future;

(6) Any earnings lost because of being unable to work at their calling;

(7) Any loss of earnings and lessening of earning capacity, or either, that may reasonably be expected to sustain in the future; and

(8) Any property damage sustained.

Virginia Model Jury Instruction No. 9.000: General Personal Injury and Property Damage

There is no cap on damages in most personal injury cases. But there is a cap on damages in medical malpractice cases. 

There is also a cap on punitive damages. 

Your personal injury lawyer should pursue the full and fair value of what was taken from your health and quality of life.

Sharif Gray at Gray Broughton Injury Law has won millions of dollars in verdicts and settlements, and he is known for taking cases to trial.

Sharif is not a settlement lawyer. He is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents.