Are there caps on damages awarded in a boating accident case?

Yes, there are caps on damages awarded in a boating accident case in Virginia. In the Commonwealth of Virginia, non-economic damages—such as pain and suffering, emotional distress, and loss of enjoyment of life—are limited to $750,000 for any given accident, regardless of the number of people involved. This cap applies to the combined total of all non-economic damages, not just to each individual filing the suit. Additionally, punitive damages—which are awarded to punish the wrongdoer and deter future wrongs—are limited to $350,000 in any given accident. This cap applies to the combined total of all punitive damages, regardless of the number of claimants. It is important to note that the above caps do not apply to economic damages, which can include medical Bills, lost wages, and property damage. Plaintiffs seeking economic damages can seek the full amount of these damages that they have incurred. The Virginia Supreme Court has held that the purpose of these caps is to ensure that excessive non-economic and punitive damages are not awarded, while still allowing plaintiffs to obtain a full recovery of their economic damages. As such, plaintiffs in a boating accident case in Virginia should be aware of these caps when pursuing a claim.

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