Statute of Limitations
- 2 years. (Va. Code Ann. §8.01-243)
- Medical malpractice – 2 years. In cases involving minors under age eight, minor has until tenth birthday to file suit. In cases involving minors age eight and older, suit must be filed within 2 years of the date that the act giving rise to the injury occurred. In foreign object cases, suit must be filed within 1 year from date that object was or should have been discovered. No suit may be filed more than 10 years from the date that the object was actually inserted. A certificate of merit must accompany medical malpractice lawsuits. (Va. Code Ann. §801.230; Va. Code Ann. §8.01-243; Va. Code Ann. §8.01-243.1)
Damages Cap
- $1.5 million cap on total damages for acts occurring on or after August 1, 1999. The maximum recovery limit increased on July 1, 2000, and each July 1 thereafter by $50,000 per year. The annual increase on July 1, 2007 and July 1, 2008, are $75,000 per year. The July 1, 2008 is the final increase. (Va. Code Ann. §8.01-581.15)
- Punitive damages – capped at $350,000. (Va. Code Ann. §8.01-38.1)
Statute of Limitations
- 2 years with Discovery Rule. (Va. Code Ann. §8.01-244)
Damages Cap
- $1.5 million cap on total damages for acts occurring on or after August 1, 1999. The maximum recovery limit increased on July 1, 2000, and each July 1 thereafter by $50,000 per year. The annual increase on July 1, 2007 and July 1, 2008, are $75,000 per year. The July 1, 2008 is the final increase. (Va. Code Ann. §8.01-581.15)
- Punitive damages – capped at $350,000. (Va. Code Ann. §8.01-38.1)
- Adult Protective Services – (Va. Code Ann. §§63.2-1604)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
