Some states have caps on certain types of damages that can be recovered in certain types of legal cases or those cases that involve particular legal claims. This is particularly true in some types of personal injury cases, where many state laws may provide that injured victims of someone else’s negligence are limited to recovering a certain amount for their pain and suffering as a result of those injuries. These states have imposed caps on the amounts that a jury can award a person who has been injured as a result of someone else’s negligence, meaning that, no matter how severe the person’s injuries, they cannot recover more than whatever the cap is for those injuries. Thankfully, Virginia is not one of those states which artificially limits the amount that a jury can award to a victim who is injured as a result of someone else’s negligence. The Commonwealth of Virginia does not have any damages caps that would apply to personal injury cases (except for medical malpractice cases and certain types of punitive damages). Injured persons, therefore, can receive whatever damages a jury believes are appropriate for their particular situation. This makes sense for many reasons, including that every case and personal injury scenario is different and a jury, using its common sense and receiving the medical and other evidence, is in the best place to determine what the injured person’s damages truly are where someone has been the victim of another person’s negligence in Virginia.
Why ThIs Lack of Damages Caps Is So Important
Every personal injury case is different and every injured party is different. No two motor vehicle accidents are the same, just as the injuries suffered in a fall from a negligently constructed balcony are different than those suffered by someone in a slip and fall incident as a result of a pool of water that staff in a restaurant improperly failed to clean up. The scenario in which an injured person was injured by someone else’s negligence and the results of that negligence, i.e. the injuries, all are different and simply cannot be predicted and/or artificially contained by imposing arbitrary damages caps on the damages that a person has suffered as a result of someone else’s negligence. Therefore, Virginia injury victims are in a fortunate position that Virginia law does not attempt to restrain a jury from exercising their common sense after having received all the evidence and determining what a person’s injuries and damages as a result of someone else’s negligence truly are worth.
Contact the Experienced Virginia Personal Injury Attorneys at Kalfus & Nachman if You or Someone You Love Has Been Injured in Virginia
Given the importance of accurately and most effectively presenting your damages suffered in a Virginia personal injury claim to the jury, having an experienced attorney to represent you in connection with your Virginia personal injury claim is an absolute must. Our experienced Virginia personal injury attorneys have recovered millions in compensation for our clients who have been injured due to someone else’s negligence.
If you live in the Norfolk, Hampton, Newport News, Portsmouth, Virginia Beach or Roanoke, Virginia, areas and have been injured as a result of someone else’s negligence, then please contact Kalfus & Nachman PC by phone today at (855) 880-8163 or through the form on this page to schedule a free consultation regarding your particular situation.