Oddities of Virginia Law - Lawsuit Dollars

A Virginia personal injury lawyer has many decisions to make in the course of representing an injury victim. One of the most interesting and important decisions is how much money do you ask for in the personal injury lawsuit. The amount sued for is referred to as the ad damnum amount and in Virginia you have to state in your lawsuit the amount you are requesting as an award. The amount chosen is significant for several reasons. Most importantly, a personal injury plaintiff cannot recover more than the amount stated in the ad damnum. So, if you sue for a million dollars and the jury awards two million dollars, you may only recover one million dollars. Another reason you have to be careful about the ad damnum is that if there is only a minor injury and you ask for a million dollars, you run the risk of seeming to be greedy in the eyes of the jury. Virginia law does permit a personal injury lawyer to ask the jury to award less than the ad damnum and this is a way to avoid any appearance of being greedy. Virginia law also allows for amendment of the ad damnum. Thus, if the value of the personal injury case changes during the lawsuit, you can ask the court to allow a change in the amount set out in the complaint. An experienced personal injury lawyer also takes into account the location of the lawsuit. It may be that a lawsuit in Charlottesville or Albemarle county will be evaluated differently than one in Fluvanna or Nelson County. Different judges also handle requests for amendment in a disparate fashion. One judge may allow amendments as a matter of course, while another judge will require a showing of good cause. Again, an experienced personal injury attorney can guide you through these minefields.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro