Frequently Asked Questions

 

Q: How much can I recover for my injuries?

A: Virginia imposes a damages cap on all recoveries for bodily injury or death in medical malpractice cases.  The medical malpractice cap is determined by the date the malpractice was committed:

Date of Medical Malpractice:	Cap on Damages:
Prior to Aug. 1, 1999	$1,000,000
Aug. 1, 1999 - June 30, 2000	$1,500,000
July 1, 2000 - June 30, 2001	$1,550,000
July 1, 2001 - June 30, 2002	$1,600,000
July 1, 2002 - June 30, 2003	$1,650,000
July 1, 2003 - June 30, 2004	$1,700,000
July 1, 2004 - June 30, 2005	$1,750,000
July 1, 2005 - June 30, 2006	$1,800,000
July 1, 2006 - June 30, 2007	$1,850,000
July 1, 2007 - June 30, 2008	$1,925,000
July 1, 2008 - present	$2,000,000

Va. Code § 8.01-581.15

Virginia also imposes a limit on the amount of punitive damages that can be recovered. Punitive damages are capped at three hundred fifty thousand dollars ($350,000.00). Va. Code § 8.01-38.1. In medical malpractice cases, the punitive damages recovery must be contained within the medical malpractice cap. In other words, the damage caps set forth above represent the maximum recovery even if punitive damages are awarded in addition to compensatory damages.