Damages

Question 1

Virginia Statutory Caps for med mal

Answer 1

For claims that arise between July 1, 2006 and June 30, 2017, the cap on damages was 2,250,00
Every year after that the cap increases by 50k until it reaches 3 million in 2031

Question 2

Va follows the Collateral source rule

Answer 2

Any payments or benefits received by the P from outside sources are not credited against the damages that D owes to P
Evidence of those payment or are not admissible at trial

Question 3

The standard for punitive damages in VA

Answer 3

the D acted with actual malice or under circumstances amounting to a willful and wanton disregard of the P’s rights
In a vicarious liability case, the employer may be liable for punitive damages if he employer participated in the employer’s conduct, authorized the employees conduct or authorized the employees conduct

Question 4

Va limits punitive damages to

Answer 4

350k by statue

Question 5

Va has a survival statue

Answer 5

so that any tort action will survive the death of the P or D

Question 6

Virginia do not allow a spouse to sue for the loss of consortium by reason of the other spouse’s injuries

Answer 6

In VA any negligent action that results in the death of the fetus the mom can sue

Question 7

Vicarious liability

Answer 7

VA does not follow the family purpose doctrine, under which the owner of a car is liable for torts caused by any family member who drives The car with the owner’s permission

Virginia says that the owner of an automobile is not liable for the torts caused by any person driving the automobile with the owner’s permission unless the owner herself was negligent

VA insurance law requires that an auto-insurance policy include a clause covering anyone who uses the automobile with the owners permission “omnibus clause)

In VA a parent is liable up to 2,500 in harm caused by the willful or malicious act of the parent’s child
Virginia does not have a Dram Shop Act