A settlement or a win at trial can make a medical malpractice case worth a great deal. However, there may be factors outside your control that can affect how much money you can get. Some states will allow you to recover an unlimited amount of money in economic, non-economic and potentially punitive damages. Other jurisdictions may place some type of cap on the money that you can recover.
No matter what the law in your state is, you should always contact a medical malpractice lawyer in McLean to discuss your case. A lawyer can explain your choices and what your claim may be worth. Clients of Tysons Trial Law have received over $16 million in recoveries across several kinds of injury cases. Every case is unique, and results may vary.
A damage cap is a ceiling on what a patient can collect. It is written by a state’s lawmakers, not chosen by the jury that hears the case. If a jury decides that a patient’s harm is worth more than the cap, the amount the patient actually receives may be cut down to the capped figure.
The most common limitation is on the amount of non-economic damages that you can recover. Non-economic damages cover losses that don’t come with a bill or a pay stub, such as physical pain, emotional distress and the loss of activities a person used to enjoy. Economic damages, such as medical expenses and lost wages, can be added up from records, and many states leave them outside the cap entirely.
These caps will apply whether you settle your case or win a jury trial. Because both sides know the cap before talks begin, it can shape the numbers on the table long before a verdict, which is one reason it helps to understand how often medical malpractice cases settle. Damage caps have been challenged in nearly every state where they exist. For example, the Illinois Supreme Court struck down damages caps entirely.
How Cap Amounts Differ From One State to Another
Medical malpractice damages caps work differently, depending on the state. In some states, the law imposes an overall limitation on the amount of damages that you can recover in a medical malpractice lawsuit. For example, the law can state that the total amount of your recovery is limited to $1 million, no matter how much you have suffered in actual damages.
Some states have laws that apply damage caps to certain types of lawsuits. For example, the law may state that you can only obtain a certain amount of money from a hospital while still being allowed an unlimited financial recovery from other types of medical providers.
Other states cap only one category of loss. For instance, the law can state you are limited to a certain amount in pain and suffering damages (which is the largest part of your non-economic damages). A state may also set a separate limit on punitive damages, which are meant to punish especially careless conduct rather than repay a loss. These limits may be stated in terms of an outright amount or as a multiple of the other compensatory damages that you will receive in your case.
The dollar figures vary just as widely. One state may write a single number into its law, another may set different numbers for different kinds of losses or providers, and some states have no cap on malpractice damages at all. These differences are a big part of why average medical malpractice payouts can look so different from one state to the next. The figure that matters for a claim is the one the state’s current law sets for the date of the malpractice, so an older summary or a chart from another state is not a safe guide.
Higher Limits for the Most Severe Injuries
Some cap laws treat the most serious injuries differently. Instead of using one limit for every case, a state may set a higher limit, or a separate one, for injuries that change a person’s life for good.
The injuries that can qualify for a higher tier are usually the ones with lasting effects, such as:
- Paralysis or the loss of a limb
- A severe brain injury
- Permanent disfigurement
- The permanent loss of an important bodily function
The idea behind these tiers is fairness. A single flat limit can treat a patient who heals in a few months the same way as a patient who will need care for the rest of their life. A higher tier gives a jury more room to account for a lifetime of pain, lost independence and changed plans.
Whether a higher tier applies often depends on the medical evidence. Treatment records, imaging and testimony about a patient’s future needs can all matter when the court decides which limit fits the case. Much of that evidence overlaps with the proof a patient needs to show negligence in the first place, which our guide on how medical negligence is proven covers.
Not every state with a cap uses tiers. Some apply one limit no matter how severe the injury is, which is why the details of the state’s own law matter so much in a serious injury case.
How Caps Change Over Time
Some caps adjust over time. The law can contain an automatic escalator in line with the rate of inflation. Other states write a schedule of set increases into the statute itself.
However, some states imposed damage caps years ago, and they have not adjusted them for inflation, even though the costs of medical care and your potential lost earnings may have increased sharply. A cap that never moves loses real value every year.
Virginia caps damages in medical malpractice suits by statute, regardless of medical malpractice review panel conclusions.
Under Va. Code § 8.01-581.15, the cap applies to total recoverable damages, economic, noneconomic, and punitive combined, for injury to or death of a single patient. The applicable figure depends on the date of malpractice. Since 2012 the cap has risen by $50,000 each July 1, reaching $2.95 million for acts between July 1, 2030 and June 30, 2031, and $3 million for acts on or after July 1, 2031.
For patients, this means the date of the care can matter as much as the injury itself. Two people hurt by the same kind of mistake a few years apart may face different limits, simply because the cap rose in between. Anyone relying on a cap figure should confirm current status with the statute itself, since cap figures change annually.
Talk With Tysons Trial Law
If you or a family member was harmed by someone else’s carelessness, Tysons Trial Law, PLLC can review what happened in a free consultation.
