Legal Question in Personal Injury in Virginia

personal injury

wife was hit by a drunk driver almost 3 years ago. we have been tring to sue for the money out of pocket we had to spend. Our lawer said when we first went in, we had a good case and would sue for more than just that, pain and suffering also. Punittive damages. Now we are going to court next week(2.5 years later). Our lawer is saying in VA, we can't get punittive damages and we may only get about $5,000 out of the deal, we are over $10,000 out of pocket. our lawer said Virginia will not allow us to sue for punittive damages. What do you think we should do? Should we seek another lawer or are they right? we feel like the drunk driver was 3 times the legal amount and should pay for all our exspences. My wife has lost 20% use of her right leg due to the accident. It was a head on @ 50mph. caused over $15.000 damages to our new truck. We feel like we're being taken . Why should we lose anything due to the drunk driver ?


Asked on 2/19/09, 2:23 am

2 Answers from Attorneys
Gary Mims Sickels, Frei & Mims

Re: personal injury

from what you write it sounds as thought you do have a case for punitive damages, however, Va. limits the amount that can be recovered and there are appropriate reasons not to seek them; however, the client should be involved in the decision. Ultimately, the "value" of your case is largely based upon the insurance coverage available make sure your lawyer has checkd your UIM limits and be sure you have received your med-pay from your insurance company. Bottom line, unless the defendant only has minimum limits (25) and your own insurance is only 25k your case seems to be worth more--unless there is an issue of contributory negligence. Ask your lawyer to explain why he recommends settlement.

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Answered on 2/19/09, 7:41 am
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: personal injury

Good morning. There is no way to answer this as you don't give any facts (blood alcohol content, other misdonduct, etc) that would call for punitive damages. It is notable that you describe the truck damage but not the personal injuries, nor do you say why and how you are out of pocket any money. You should certainly find out the total coverage potentially available and discuss in more detail with the attorneys, who may be right on this one. Good luck.

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Answered on 2/19/09, 8:53 am


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