What is a Liability Cap? (Part B)

Putting a Price on Disaster

How the government thinks they can put a price on a potential disaster with a liability cap is beyond me. Just as no Virginia medical malpractice attorney can put a price on a case before they settle it; every incident leading to a lawsuit is different. One has to wonder how the government can place a liability cap on something no one is expecting to happen?

In Virginia medical malpractice cases the amount of damages can skyrocket depending on the nature of your injuries and the future disabilities you may face. A typical Virginia medical malpractice case settlement will involve compensating for the original procedure, which can be hundreds of thousands of dollars on its own. A settlement would also have to consider the price of the follow-up care needed to correct the procedure, future therapy, and potential disability. In the case of wrongful death as a result of malpractice, the settlement would also have to account for the loss of the member of the family including their potential earnings and emotional loss to the family.

With all these damages owed to the victim and their family, suddenly $2 million doesn't seem like so much, does it? If every case of Virginia medical malpractice is different, and every other disaster scenario with a liability cap is unique, how can you impose a dollar amount to fix everything?

Reforming a Liability Cap

It takes more than one voice to raise concern over ineffective government practices. In the case of the Virginia medical malpractice liability cap, it will take the voices of thousands of Virginians to alert the law makers that change needs to happen.

Unfortunately, some of the best evidence of how ineffective the current liability cap is would be the stories of families denied their rightful damages because of the liability cap: claims that show how the capping of a Virginia medical malpractice settlement have negatively affected the lives of deserving victims and their families.

You can order a FREE copy of our consumer guide, Why Most Medical Malpractice Victims Never Recover a Dime, to learn more about medical malpractice.

If you have a question for Ben, you can submit it confidentially online at JustAskBenGlass.com.

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney