Why your personal injury claim is justified | Allen and Allen

Why your personal injury claim is justified

When a person has been injured through no fault of their own, one of the decisions they have to make is whether or not to bring a personal injury claim against the person who caused the injury.

Some people are conflict-averse, thus, the mere thought of bringing a claim against somebody may be unnerving at first. However, the truth of the matter is that if someone else, through their own negligence, has caused you a significant injury, you are justified in bringing a claim against that person.

high cost medical bills

Three reasons why your personal injury claim is justified

Economic Damages

When you are injured, such as through a car accident or slip and fall, you are likely to incur economic damages as a result of the injury. Such economic damages usually come in the form of medical bills and lost wages.

The tab starts running when the ambulance picks you up from the scene of the accident and takes you to the emergency room (ER). It continues when you follow up with your family doctor or primary care physician (PCP), who might refer you to a specialist for further treatment.

Despite the accident or slip and fall not being your fault, when you are going through treatment, the bills are accrued in your name. You might not have health insurance, or your health insurance might not cover everything, leaving you indebted to your healthcare providers. Bringing a personal injury claim against the person who caused the injury will allow you to be compensated for the medical bills you have incurred as a result of the reasonable and necessary treatment you have sought following the injury.

In Virginia, people who have been injured through the negligence of others are allowed to claim the full amount of medical bills related to the injury, even if their health insurance or another third party has paid for some or all of the bills. This is known as the collateral source rule.

Additionally, some people might miss work as a result of the injury they have sustained. This includes time missed due to doctor appointments. The law allows you to be compensated for the income lost as a result of the time spent away from work. This is also known as a wage loss claim.

man permanently scarred and limping from accident

Non-Economic Damages

In Virginia, the law allows you to be compensated for the non-economic damages that have resulted from your injury.

What are some examples of non-economic damages?

Such damages include:

  • Physical pain
  • Disfigurement
  • Deformity
  • Humiliation or embarrassment
  • Inconvenience

Common scenarios giving rise to non-economic damages include people having difficulty doing things they could have done with ease prior to the injury. This might include difficulty completing work tasks, cleaning the home, playing with your kids or an impediment in one’s social life. These non-economic damages justify bringing a personal injury claim.

distracted drivers need to be held accountable


Typically, when you file a personal injury claim against the person who caused the injury, you are not seeking to be compensated out of the responsible party’s pocket. Instead, your financial compensation for the injury will come from the insurance policies at play.

However, insurance companies thrive on minimizing the amount of money they pay out to compensate people who have been injured. Insurance companies are profit-motivated businesses seeking to make money by maximizing premiums and minimizing pay outs. Bringing a personal injury claim, especially with the aid of a personal injury attorney, helps to ensure that insurance companies are held accountable and made to pay fair and just compensation to those who have been injured.

If you have sustained economic and non-economic damages due to the negligence of someone else, you may be entitled to compensation. Call the experienced attorneys at Allen & Allen today for a free consultation at 866-388-1307 and we will help you hold the insurance company accountable.