I’ve heard about “caps” on damages in medical malpractice cases, what does this mean?
Caps are “limits” on the damages you can recover. In some jurisdictions, there are no caps at all. In some, there are caps on all damages. In other states/jurisdictions, there is a cap on what is known as non-economic damages (e.g. pain and suffering, humiliation, disfigurement, loss of consortium, grief, mental anguish, etc.). For example, there are no caps on damages at the present time in the District of Columbia. In Maryland, there is a cap (limit) on non-economic damages. The amount of the cap varies depending on the year that the malpractice was committed. While I am not licensed in Virginia, I am aware that in the Commonwealth of Virginia (where I have been specially admitted to represent some clients on occasion), there is an overall cap on all damages, which varies depending on the year of your case. You should ask the lawyer you are considering hiring about “caps” and how they might affect your case and your possible recovery if you are successful in recovering monetary damag