How Much Can Someone Sue For A Car Accident?

A serious car accident can disrupt every aspect of your life, from your health to your ability to work. Medical expenses, missed paychecks, and other financial pressures can add up quickly. You may be unsure how much compensation you could receive and whether pursuing legal action is the right step.

Insurance companies often offer settlements that fall short of covering the full cost of your recovery. Accepting too little can make it harder to afford ongoing treatment or replace lost income.

Montagna Law helps clients pursue fair compensation by handling negotiations, gathering medical documentation, and building strong cases against those responsible. Our goal is to help you recover the financial support you need while you focus on your health and well-being.

What Is the Average Settlement for a Car Accident Lawsuit in Virginia?

There is no set “average” settlement for a Virginia car accident case because each situation is unique. The potential value depends on several factors, including the severity of your injuries, the total cost of medical care, lost income, and the long-term impact of the accident on your life. Liability is also critical. Under Virginia’s pure contributory negligence rule, you cannot recover compensation if you are even 1% at fault.

If you have questions about how these factors may apply to your case, a car accident attorney at Montagna Law can review the details of your personal injury claim, explain your legal options, and help you pursue a resolution that reflects the impact the accident has had on your life.

Choose Montagna Law’s Car Accident Lawyers Today

For more than 50 years, Montagna Law has represented individuals and families across Hampton Roads in a wide range of personal injury cases. With offices in Norfolk, Newport News, and Virginia Beach, our attorneys also serve clients in Chesapeake, Hampton, Portsmouth, Suffolk, and surrounding communities.

Our personal injury attorneys handle every case with a focus on thorough preparation, clear communication, and dedicated advocacy. Whether negotiating with insurance companies or representing clients in court, our goal is to protect your rights and work toward a resolution that addresses the full impact of your accident.

Our Client Testimonials

“Mr.Montagna was an absolute pleasure on the phone and in person! My friend recommended me to him and I couldn’t have been happier with my decision! Grace was also such a delight to hear from, she always had the best attitude! Mr. Montagna went above and beyond to make sure I would be treated fairly and with that being said if I could give him and Grace 10 stars, I would! Thank you to Montagna law for helping me feel valued!” — Anita C.

“My experience with Montagna Law was smooth from the beginning to the end! I was in a horrific car accident and reaching out to this law firm was the best thing to ever happen to me. Ms. Grace communicated so well and was such a sweet soul. I knew I was in great hands! Mr. Montagna was down to earth and was straight forward with everything in my case and I truly appreciated that. Thank you all for everything. Definitely will be back if ever in need of an attorney.” — Brittany E.

“Montana Law firm has restored my trust in lawyers. Each time I entered the office,I was greated pleasantly with a smile and hello. It makes you return a smile. Mr Montagna made me fell confident as a client. He asked questions and answered to my understanding. I’m satisfied with the results. I would recommend this firm to family and friends.” — Jacquelyn W.

Explanation of Car Accident Settlement Amounts and Injury Severity

In Virginia, injury severity is one of the most important factors in determining the value of a car accident claim. More serious injuries generally mean higher medical costs, greater income loss, and longer recovery times, all of which can increase the potential settlement.

• Minor injuries may involve soft tissue damage, sprains, or mild whiplash. These often require short-term treatment and little time away from work, leading to lower settlement amounts.
• Moderate injuries can include broken bones, more severe whiplash, or injuries requiring surgery and an extended recovery period. These claims usually involve higher medical expenses and lost wages.
• Severe injuries such as spinal cord damage, traumatic brain injuries, or disfigurement may result in permanent disability. These cases often include compensation for ongoing medical treatment, long-term loss of income, and significant pain and suffering.

While injury severity plays a central role, other factors, such as fault, insurance coverage limits, and the strength of the evidence, also influence the outcome.

Working with an attorney can help accident victims present a stronger case by gathering medical documentation, obtaining witness statements, and negotiating directly with insurers. Legal guidance can also help navigate contributory negligence rules and meet important filing deadlines.

Settlement Ranges for Different Types of Car Accidents

In Virginia, the type of crash can influence the injuries sustained, but settlement amounts are driven by medical evidence, recovery time, and the lasting effects of those injuries. Because Virginia follows an at-fault system, the driver who caused the crash is generally responsible for covering damages. However, the state’s pure contributory negligence rule means you cannot recover any compensation if you are even 1% at fault.

• Rear-end collisions often happen at intersections or in stop-and-go traffic. Low-speed impacts may cause minor injuries, while high-speed crashes can result in serious neck, back, or brain injuries that lead to higher settlement values.
• Head-on collisions are among the most dangerous and often cause catastrophic injuries such as brain trauma or spinal damage. These cases can result in a significant amount of compensation when supported by strong evidence.
• T-bone or side-impact accidents can range from minor to life-altering injuries depending on the speed, point of impact, and whether airbags deployed.
• Drunk driving accidents are frequently severe and may qualify for punitive damages when the conduct demonstrates reckless disregard for safety.

Montagna Law assists clients in evaluating the circumstances of their accident, gathering evidence to establish liability, and navigating Virginia’s contributory negligence rules. By managing communications with insurers and preparing the necessary documentation, our attorneys help clients focus on their recovery while pursuing a resolution that reflects the full impact of their injuries.

How to Calculate Your Fair Settlement Amount for a Car Accident

In Virginia, there is no single formula to determine how much you may recover after a car accident. A fair settlement is based on a combination of financial losses, the seriousness of your injuries, and how those injuries affect your life. While you can estimate part of your claim by adding up documented expenses, other factors, such as pain and suffering or long-term disability, require careful evaluation.

To begin assessing your claim, consider these categories of damages:

• Medical expenses such as hospital bills, doctor visits, surgeries, rehabilitation, and projected future treatment costs.
• Lost income, such as wages you missed while unable to work, and any reduction in your future earning capacity.
• Out-of-pocket costs, such as expenses related to your recovery, such as transportation to medical appointments or help with daily tasks.
• Inconvenience, including disruptions to your daily life and the added burdens caused by the injury.
• Disfigurement and humiliation, covering permanent scarring, visible injuries, or the emotional toll of altered appearance.

An attorney at Montagna Law can review the full scope of your losses, gather supporting documentation, and present your case in a way that helps work toward the highest settlement possible under Virginia law.

What Is the Difference Between Filing a Claim and Filing a Lawsuit in Virginia?

After a car accident in Virginia, most people begin by filing an insurance claim with the at-fault driver’s insurer. This process is typically faster than a lawsuit, involves fewer legal procedures, and is limited by the coverage available under the driver’s insurance policy. Many claims are resolved through settlement without going to court, although these payouts may not always cover the full extent of your losses.

A lawsuit is different. If the insurance company denies your claim or offers an amount that does not reflect the true impact of the accident, you can take the matter to court. This approach allows you to seek damages beyond policy limits, but it requires formal steps such as discovery, depositions, and potentially a trial. Lawsuits generally take more time and require strong evidence to be successful.

Montagna Law can guide you in deciding whether to pursue an insurance claim, a lawsuit, or both. Our attorneys can evaluate the facts of your case, gather the necessary evidence, and represent your interests in negotiations or in court, working toward a resolution that reflects the full impact of your injuries.

Key Factors That Influence Virginia Car Accident Claim Values

The amount you can seek in a Virginia car accident lawsuit depends on more than just the severity of your injuries. Other factors that can influence your case include:

• Long-term impact: Whether the accident has lasting effects on your health, ability to work, or daily activities.
• Insurance coverage: The available policy limits of all parties involved.
• Quality of documentation: How well your medical records, witness statements, and other evidence support your claim.
• Conduct of the at-fault party: In rare cases, punitive damages may be awarded for reckless or intentional misconduct under Virginia law.

Montagna Law can assess these factors in the context of your case, develop a legal strategy tailored to your circumstances, and pursue a resolution that reflects the full scope of your losses.

Types of Damages You Can Sue for After a Car Accident

In Virginia, damages in a car accident lawsuit generally fall into two main categories:

• Economic damages are tangible financial losses such as medical bills, rehabilitation costs, and lost income. These are supported by documentation like receipts, invoices, and pay stubs.
• Non-economic damages are losses that do not have a direct financial value, including pain and suffering, emotional distress, and loss of enjoyment of life.

A personal injury lawyer at Montagna Law can help car accident victims document both types of damages to present a complete picture of how the accident has affected you, increasing the strength of your claim during negotiations or in court.

Punitive Damages in Virginia Car Accident Cases

Punitive damages are not awarded in every Virginia car accident case. They are reserved for situations where the responsible party’s actions were willful, wanton, or demonstrated a reckless disregard for the safety of others. Examples may include driving while intoxicated at a dangerously high speed.

Under Virginia Code § 8.01-38.1, punitive damages are capped at $350,000. To recover them, you must present clear and convincing evidence of the driver’s extreme misconduct.

Montagna Law can evaluate whether your case may qualify for punitive damages and gather the documentation necessary to support that claim.

How Long Do You Have to Sue After a Car Accident in Virginia?

In most Virginia car accident cases, you have two years from the date of the accident to file a personal injury lawsuit. This statute of limitations is set out in Virginia Code § 8.01-243(A). Missing this deadline typically means losing the right to pursue compensation.

There are limited exceptions. For example, if the injured person is a minor at the time of the accident, the two-year period generally begins on their 18th birthday. Wrongful death claims have their own two-year filing period, which starts on the date of death rather than the accident date.

Montagna Law can track these deadlines for you, gather evidence before it becomes difficult to obtain, and file your claim within the required time limits.

Frequently Asked Questions About Virginia Car Accident Lawsuits

Can Minor Car Accidents Qualify for a Lawsuit in Virginia?

Yes. Because Virginia is an at-fault state, the driver who caused the accident is legally responsible for damages. Even in cases involving less severe collisions, you may be able to pursue compensation if the other driver was at fault.

Is It Possible to Sue if I Was a Passenger in a Car Accident?

Yes. Passengers have the right to file a claim for injuries sustained in a Virginia car accident. However, Virginia’s contributory negligence rule still applies. If the passenger is found to have contributed in any way to the accident, they may be barred from recovering damages.

Take the Next Step Toward Fair Compensation. Call Montagna Law to Schedule a Free Consultation.

Every car accident claim is different, and the outcome depends on the facts of your case, the available evidence, and how the law applies to your situation. Hiring legal representation is important because deadlines, insurance company tactics, and Virginia’s contributory negligence rule can all affect your ability to recover compensation.

The car accident lawyers at Montagna Law are here to listen to your story, evaluate your options, and represent your interests throughout the entire legal process. If you have been injured in a car accident, call us today at 877-622-8100 or use our online contact form to schedule a free case evaluation and learn how we can help you move forward.