Are there any caps on damages for catastrophic injury cases?
Yes, there are caps on damages for catastrophic injury cases in Virginia. Depending on the type of case, the cap on damages could range from $350,000 to $2 million. For medical malpractice cases, the cap is $2 million—this includes both economic and non-economic damages combined. Economic damages include any medical expenses, lost wages, etc., while non-economic damages include pain and suffering. This cap applies to all parties named in the lawsuit. Another cap of $350,000 applies to wrongful death cases in Virginia. That means the total amount of damages that can be awarded in a wrongful death case is $350,000, regardless of what the jury decides. It is important to note that these caps do not apply to punitive damages. Punitive damages are awarded for more severe cases and are meant to punish the responsible party, not to compensate the victim for their losses. Ultimately, the idea behind these caps is to protect businesses from facing extremely high damage awards that would be difficult to pay. However, if the court decides that the damages should be higher, then the court has the authority to do so.
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