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What Are The Limits On Damages In Virginia Personal Injury Cases?

Generally speaking, there are no damage caps on personal injury cases in Virginia. That essentially means that on standard claims, the amount of economic and non-economic damages is not limited by provisions of the state law. However there are exceptions depending on the specific circumstances of the case. Your attorney and the courts will notify you if these rare limitations apply in your case. In particular you should take note of two exceptions as follows:

  • Medical Malpractice: These damages are limited to no more than $2 million in Virginia.
  • Punitive Damages: These can be no more than $350,000

It is important to note that punitive damages are rarely awarded in personal injury claims cases. This is because the standard of proof that is required for punitive damages is so high that few claimants ever attain it. Mere negligence is not enough to obtain a punitive damages award. Rather, the claimant must prove that the defendant engaged in conduct that amounts to malice recklessness, or gross wanton negligence. For example, in a case where someone takes an action that consciously disregards the risk of harm to another human life, they may be held to have acted recklessly under the law.