When Liability Caps Begin to Matter

Most people never even hear about liability caps in their lifetime. Until recently, the only people concerned with liability caps were lawyers, victims impacted by the caps, companies/professionals whose industries had liability caps, and lawmakers.

With the recent Deepwater Horizon Gulf oil spill, suddenly the news is buzzing about the $75 million liability cap in place for the oil industry. The general consumer now knows about liability caps and how they could potentially impact their lives. The consumer has perked up and is calling for reform of these caps, especially when they see how easily a disaster like that can surpass the miniscule liability caps currently in place.

Liability Caps Kick In At Settlement

Imagine you or a loved one has suffered injury in a medical malpractice case. You've gone through substantial pain and suffering, lost wages from recovery time, and had some of the enjoyment taken from your life. Your first reason for filing a medical malpractice lawsuit is to be compensated for the medical expenses and financial losses you unexpectedly suffered from the doctor's negligence.

There is a secondary side to your settlement, the non-economic side, which is largely determined by the jury. While your initial settlement request may include a value to "pain and suffering" damages, the jury in your trial ultimately decides the final amount. In some cases, the jury will actually award the victim a larger sum than their original request.

Unfortunately, this award is only what the jury wishes the plaintiff to be given, and it is the final say of the state as to whether or not they receive that full amount. The state of Virginia has liability caps in place for medical malpractice that limit the non-economic damages to $2 million. If your settlement is over this amount, you may hear that large settlement figure from the jury, but find your settlement on final record has been reduced to conform to the liability caps.

Help From a Virginia Medical Malpractice Attorney

When you are facing a medical malpractice claim, you may find your battle much easier with the help of an experienced Virginia medical malpractice attorney. While each medical malpractice case is unique, experienced attorneys have seen many similar cases and can help guide you through this difficult time.  

If you are among the hundreds of Virginians affected by the Virginia medical malpractice liability caps you may be able to help other victims. Virginia medical malpractice attorney Ben Glass has been fighting to help clients in the Virginia and D.C. areas for their medical malpractice needs and is helping concerned citizens register for voluntary tort reform. For more information on Virginia medical malpractice, contact us today - 703-591-9829.

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 by following this link 

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


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