Virginia Should Raise Its Cap on Damages
Posted by
Dan FrithApril 23, 2008 6:02 AMIn my home state of Virginia, if an employee or agent of the state maims or kills you, any claim you may file against that individual and the state is limited to a maximum recovery of $100,000. This cap of $100,000 has been in place since 1993. The cap is an insult to Virginians and should be raised! If you lost your father due to the negligence of a state employee and your father was 35 years old and earned $65,000 per year, the financial loss experienced by your family will far exceed $100,000!
In 1982, the Virginia General Assembly waived the state's immunity for tort claims but capped potential damages, unbelievably, at $25,000. The cap, which is supposed to apply unless a plaintiff can prove "gross negligence," was raised to $100,000 in 1993. Many states have some form of immunity to shield them from lawsuits, but caps on damages are often higher than in Virginia. Maryland's cap on tort claims is $200,000, the same as Oregon's. Minnesota, South Carolina and Texas have a $300,000 cap.
Come on Virginia, raise the cap to $300,000 and tie it to inflation such that it remains a fair recovery in appropriate cases.