Virginia limits punitive damages to $350,000 (Va. Code § 8.01-38.1). Punitive damages punish especially reckless or malicious conduct — such as drunk driving — and are awarded on top of compensatory damages, but they are capped regardless of how egregious the behavior was.
Punitive Damage Cap
Medical Malpractice Cap
Virginia caps total recovery in medical malpractice cases under Va. Code § 8.01-581.15. The cap rises modestly each year. It applies to the total award, including both economic and non-economic damages, which can significantly limit recovery in catastrophic malpractice cases.
What Is Not Capped
Compensatory damages in ordinary injury cases — medical bills, lost wages, pain and suffering — are generally not subject to a fixed statutory cap outside of malpractice. Your recovery depends on the evidence of your losses.
Why Caps Make Strong Evidence Essential
Because some categories are capped, maximizing the categories that are not — and proving every dollar of economic loss — becomes critical. Experienced Virginia attorneys build claims to capture full compensable value within the law.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Virginia attorney.