In fact, so important are the jury instructions, that the ABRAMS LANDAU injury team will use them in creating their demand letters. Tracking what is allowed to be claimed keeps the case focused and lets the insurance company and Defendant know that you are serious, understand the law and are prepared in advance. The insurance company does not generally write coverage for items that they will now have to pay for in a claim, so following the “black letter law” of the applicable jury instructions is important.  Failure to do so could be fatal to a claim. The experienced injury team at ABRAMS LANDAU recently reviewed a demand letter from an out-of-state law firm that requested damages for things that are not contemplated by Virginia law. Doug Landau noted, “I’m sure the insurance adjuster, claims manager, and even the supervisor had a good laugh, as it was clear, the large firm lawyers did not understand the law of this Commonwealth, and their demand was wildly unrealistic, given the injuries sustained. The Insurance company, in this case, will likely “run the clock,” and these out of state lawyers and their client will have to go to trial. They will be UNprepared to do so. In fact, as they are not licensed in Virginia, they cannot even try the case!”

The Virginia Model Jury Instruction on Damages has all the things an injured person can claim in their case. Unlike other states, there is no claim for a spouse for “loss of consortium,” and the property damage issue may not be a part of the case if the car crash damage to the vehicle has already been taken care of or it was not the injured victim’s car. This is what the “Damages” jury charge allows for in the Commonwealth:

Virginia Model Jury Instruction 9.000

If you find your verdict for the plaintiff, then in determining the damages to which he/she is entitled, you shall consider any of the following which you believe by the greater weight of the evidence was caused by the negligence of the defendant: