Virginia Liability Cap Hurts the Victims Even After Their Injury

It's almost safe to say that if your Virginia medical malpractice settlement reaches beyond the $2 million mark, to hold off on counting your chickens just yet. It's rare to see a Virginia medical malpractice case settle for more than $2 million because of the liability cap designed to protect doctors and hospitals from being sued beyond that amount.

After months, sometimes even years, of going through trial to conclude your medical malpractice case, you finally hear the jury verdict and settlement amount. Finally, you and your family can breathe a sigh of relief that your medical expenses are taken care of and you have a safe financial cushion to help take care of your future needs.

Think again.

The portion of your settlement that is awarded for non-economic damages is subject to the $2 million liability cap imposed by the state of Virginia. If the jury feels you deserve more than $2 million for your pain and suffering, the state says otherwise. They'll let the jury tell you that your non-economic damages are worth $2.5 million, but they won't let them give it to you.

The final amount will be reduced to the state's limits and that's that. Suddenly the funds you were going to use to make your quality of life - which has been diminished by the medical issues you've wrongfully experienced - better have been chipped away to what the state considers fair.

If you are considering a medical malpractice lawsuit, you should read my article to understand how liability caps can affect your settlement. The more you know about the current laws of medical malpractice, the better prepared you can be to see your case through to settlement. 

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.