Victims of medical negligence can seek compensation for their injuries by filing medical malpractice lawsuits against the healthcare providers who harmed them. However, Virginia medical malpractice damage caps limit the compensation victims can receive through these lawsuits.
If you suffered an injury due to medical negligence, contact Marks & Harrison for a free consultation with an experienced medical malpractice attorney. During your initial consultation, we’ll review the details of your case, walk you through your options for seeking compensation, and explain how the state’s medical malpractice damages caps could impact your recovery.
What Is a Damages Cap?
A damages cap limits the amount of compensation you can receive through a lawsuit. “Damages” is another word for the money you recover through a settlement or verdict. Specifically, damages caps apply to the compensation you receive from a trial verdict.
However, they can also impact the compensation you receive through a settlement. If the medical provider’s insurance company knows your damages are capped, it probably won’t offer you a settlement over that amount. The insurer knows you can’t receive more through a trial, so it isn’t incentivized to pay you more.
What Are the Different Types of Damages That Might Be Recovered in a Virginia Medical Malpractice Claim?
Victims can seek various types of compensation through a medical malpractice claim, including economic, non-economic, and punitive damages. These damages are awarded to victims for different reasons and are all subject to caps:
- Economic damages — This covers your past and future medical expenses, lost wages, and other losses with tangible value. Economic damages replace money you have lost due to your injuries and their impact on your life.
- Non-economic damages — This compensation is for your intangible losses, such as the physical pain and suffering you experience because of your injuries and the emotional distress you feel because of the incident and its effect on your life. The value of this compensation is more subjective, and it can substantially impact the total value of your case.
- Punitive damages — This is money awarded to a plaintiff when the defendant’s behavior was particularly egregious, such as a surgeon operating on a patient while drunk. Punitive damages don’t compensate victims for harm but instead punish defendants for bad behavior.
Do Virginia’s Damages Caps Cover Both Economic and Non-Economic Damage Awards Combined?
The primary damages cap for medical negligence claims in Virginia covers the total verdict, combining all economic, non-economic, and punitive damages. This can be an issue because the economic damages awarded in medical malpractice cases can be quite high, and non-economic damages are often calculated as a multiple of the economic damages.
According to Virginia law, the damages cap for medical malpractice increases by $50,000 each year up to a maximum of $3 million for injuries sustained on or after July 1st, 2031. These increases are:
- $2.65 million for injuries sustained on or after July 1st, 2024
- $2.70 million for injuries sustained on or after July 1st, 2025
- $2.75 million for injuries sustained on or after July 1st, 2026
- $2.80 million for injuries sustained on or after July 1st, 2027
- $2.85 million for injuries sustained on or after July 1st, 2028
- $2.90 million for injuries sustained on or after July 1st, 2029
- $2.95 million for injuries sustained on or after July 1st, 2030
- $3.00 million for injuries sustained on or after July 1st, 2031.
In addition to the primary damages cap on total damages, there is a separate cap on punitive damages. This cap limits punitive damages to $350,000, regardless of how severe your injuries are or how egregious the defendant’s actions were. Juries aren’t informed of this cap and may award more, but judges must reduce higher awards to the $350,000 maximum.
Are There Any Exceptions to Damages Caps in Virginia?
Unfortunately, there are no exceptions to the damages caps in Virginia. By not providing any exceptions, the law keeps healthcare provider insurance premiums relatively low, allowing healthcare providers to keep operating. However, the side effect of this is that it pushes the additional costs of medical errors onto victims and Virginia’s taxpayers.
What Effect Do Virginia’s Damages Caps Have on Those That Have Been Injured Due to Medical Malpractice?
There are two main effects Virginia’s damages caps have on patients injured by medical negligence:
- Limited verdicts — Damages caps limit the compensation a medical malpractice victim can receive through a trial award. Even if a jury awards you $5 million for your injuries, you will only receive compensation up to the current cap. So, if the cap is $2.65 million, you will miss out on the other $2.35 million that the jury believed you deserve.
- Lower settlements — The caps also disincentivize insurance companies from offering settlements above the cap. The insurance companies know the maximum amount of money they could be liable for, so they have no reason to give you any more than that.
What If My Actual Damages Exceed the Cap Limits?
Many victims of medical malpractice suffer from long-term disability, resulting in expensive medical and in-home care bills. Unfortunately, even if your actual damages exceed the cap limits, you still cannot recover more compensation than the limit in a medical malpractice lawsuit. One potential solution is to apply for Medicaid benefits based on your disability and need for long-term care.
In certain cases, there may be an option to file additional claims that would not be subject to Virginia’s medical malpractice cap. For instance, if a defective piece of medical equipment contributed to your injuries, you may be able to pursue compensation from the manufacturer. However, this option depends on the circumstances of your specific case. A knowledgeable medical malpractice attorney in Virginia can help you explore your options for maximizing your financial recovery.
Contact a Virginia Medical Malpractice Lawyer
Since 1911, Marks & Harrison has secured millions of dollars for clients, including those injured in medical malpractice cases. We have a track record of success across Virginia, Maryland, and Washington DC and have handled some of the largest cases in Virginia history. Our dedicated and skilled legal advocacy has resulted in many happy clients, whose stories you can hear through their personal testimonials.
Thanks to our highly skilled team of 30 personal injury attorneys and over 100 support personnel, including research attorneys, in-house investigators, and lawyers who previously worked for insurance companies, we’re able to provide comprehensive legal support for even the most complex cases. Contact our firm today for a free consultation with an experienced Virginia medical malpractice lawyer about your case.
