Medical errors can have catastrophic consequences for patients, including negative health outcomes and the need to undergo and pay for additional medical care. Negligent healthcare providers should pay for their errors, and one way to hold them accountable is a medical malpractice claim. Like many states, Virginia sets a maximum amount, or in other words, a cap, on such awards. The statute pertaining to Virginia’s medical malpractice cap but allows for regular increases until 2030.
The best step you can take to recover fair compensation after suffering the consequences of medical malpractice is to hire a driven and knowledgeable attorney. The Roanoke medical malpractice lawyers at Strickland, Diviney & Segura have significant experience with these cases and will explain in this blog how Virginia’s cap on compensation works.
Virginia’s Limits on Compensation for Medical Malpractice
Virginia’s current limitation on medical malpractice recovery went into effect on August 1, 1999, and established a strict cap on the total amount of damages an injured patient could recover. When passed, the maximum was $1.50 million, an amount increased every July 1 through 2030, usually in $50,000 increments. As of November 2023, the limit is $2.60 million.
What Makes Virginia’s Cap on Medical Malpractice Compensation Different
One distinct feature of Virginia’s medical malpractice laws is how the law caps compensation. Unlike many states, Virginia limits the total amount plaintiffs can recover in a medical malpractice claim. Its cap encompasses both economic damages (quantifiable losses like medical bills, lost wages, etc.) and non-economic damages (intangible losses like pain and suffering, diminished quality of life, etc.). As a result, Virginia’s medical malpractice cap punishes those who have been the most severely injured, including children with life-long injuries, individuals who require 24/7 skilled care, such as those with quadriplegia, and high-income earners who can no longer work.
While many states place caps on medical malpractice claims, most that do so limit non-economic damages only. For example, this is how our neighbors in Maryland approach their cap.
How We Can Help You Maximize Your Compensation
The aftermath of a medical mistake is an ordeal, to say the least. Not only is there the physical and emotional pain of what you’ve suffered, but there’s the challenge of pursuing the compensation you need to start rebuilding your life. This is where our team at Strickland, Diviney & Segura steps in. We pride ourselves on our client-first approach. We understand that you’re not just another case. Rather, you’re a unique individual who’s suffered the effects of a healthcare provider’s negligence, and you need our help securing justice. We will prioritize your needs and concerns, keep an open line of communication, and let you know exactly where your case stands.
While you focus on healing, we will get to work by:
- Investigating the medical mistake: We can gather crucial evidence to support your claim, from medical records to witness statements to expert testimony. Once we’ve done so, we can analyze it to determine what happened, how it deviated from accepted medical practice, and who is ultimately to blame.
- Negotiating for a fair settlement: Most medical malpractice claims are settled outside the courtroom. Our team is adept at negotiating with insurance companies, and we know how to fight for a fair settlement that truly reflects your pain, suffering, and financial losses.
- Going to trial, if necessary: The sad truth is that not all medical providers will own up to their mistakes, and some insurance companies will refuse to even attempt to settle a case. If they won’t settle out of court, we will be ready to take your case to trial. Our team prepares for trials meticulously to present a compelling case before the judge and jury.
In the challenging world of medical malpractice claims, you need a reliable and dedicated ally by your side. Our goal at Strickland, Diviney & Segura is to guide you through the process with strength, compassion, and integrity. Call (540) 982-7787 now or complete our contact form for a free consultation.