What Is The Difference Between Compensatory And Punitive Damages In Virginia

Key Highlights:

• The compensatory damages Virginia covers the losses you incurred, while punitive damages Virginia covers extreme wrongdoing. 
• The compensatory damages have two categories: economic vs non-economic damages. 
• In Virginia, there is no limit to compensatory damages Virginia in a regular negligence claim. The punitive damages Virginia are uncommon and apply only in cases of deliberate wrongdoing. 
• In Virginia, the Virginia punitive damages cap is $350,000, and they are proven using the greater weight of the evidence rule, which is much easier than what many other jurisdictions require. 
• According to the 1% rule, if you’re at fault for anything (even just 1%) in causing an accident, you will lose all rights to recover Virginia personal injury damages from an insurance company for the accident.

What Is the Difference Between Compensatory and Punitive Damages In Virginia?

In Virginia, you can file a claim for compensation for two distinct things as a result of your injury: your actual losses due to injury and the punishment of the person responsible for your injury (the “wrongdoer”) for committing a wrongful act that is more than just negligence. There are two completely different sets of guidelines for these two types of losses, and they are available to you in different ways. Here’s what each of those systems includes.

Hi! I’m Robert Tatum, and I work at Tatum & Atkinson Law Firm, which is a veteran-owned law firm that has been in business since 2006. Between the two of us attorneys at our firm, we have over 65 years of combined experience dealing with Virginia personal injury damages cases. 

If you ever need to know what is the difference between compensatory and punitive damages in Virginia, we have experience handling all types of Virginia compensatory damages and Virginia punitive damages lawsuits, including the Virginia punitive damages cap, and we will be happy to help you.

Compensatory Damages, Repaying You for Your Losses

The purpose of compensatory damages Virginia is to put you back in a position that’s financially neutral, as if nothing had happened, to the extent anyone can. There are two kinds of compensatory damages.

Economic Losses

These types of losses are those that you can measure in a manner that is inherently quantifiable, i.e., medical expenses incurred in the past and into the future; wages lost; ability to earn income in the future diminished; future costs associated with care and rehabilitation; and property damage. 

The reason that the losses are quantifiable is that you can simply add them together. This means that these losses are generally supported by records and/or bills that document the transaction.

Non-Economic Losses

These types of losses cannot be measured in an inherently quantifiable manner, i.e., 

• personal injuries
• emotional distress
• scarring or disfigurement
• inconvenience
• loss of enjoyment of life, etc. 

There is no mathematical formula. The jury will review the evidence and decide what the “fair” amount of compensation is to award you for your Virginia personal injury damages.

Compensatory Damages in Virginia: Are They Limited?

No, they are not, at least in an average personal injury case. In Virginia, there is no cap on compensatory damages Virginia for car accidents or other cases like that. The famous “cap” is actually a total one applicable only to cases of medical malpractice.

Punitive Damages, Punishment for the Conduct

In no way do punitive damages Virginia relate to your injury. Instead, they take into account the conduct of the defendant and are designed to punish such conduct that society wishes to deter.

Purpose of Punitive Damages

While compensatory damages Virginia restore you as an injured party, punitive damages Virginia make a statement to the tortfeasor and to other people. The message is: if you engage in such conduct, you are going to pay for it. Thus, punitive damages are a punishment on top of the compensation.

Required Conduct in Virginia

Simple negligence will never be enough for punitive damages Virginia. In Virginia, punitive damages are available only if the conduct of the defendant was willful and wanton or malicious. These terms mean that a defendant acted consciously in violation of the rights of others, knowing that the conduct was likely to cause damage. Such damages are considered to be disfavored by courts.

Standard of Proof, An Advantage in Virginia

Here, Virginia favors you more than many other jurisdictions in case you get hurt. This is because, in proving the punitive damage claim, you only need to satisfy the preponderance of the evidence, the standard used for proving the rest of your Virginia personal injury damages claim. It is not the strict “clear and convincing” proof of many other states.

$350,000 Limit

Regardless of the amount of your claim, even if you win punitive damages Virginia, you will be capped at the Virginia punitive damages cap of $350,000 according to Virginia Statutes § 8.01-38.1. This amount has been around for many years now and has not been adjusted for inflation.

Cases Where Punitive Damages Are Accessible

In the state of Virginia, punitive damages will most often be in connection with actions that are especially dangerous or reckless to the point where it shows a lack of concern for the safety of others.
When the defendant takes part in activities of this nature, punitive damages can be awarded in addition to damage awards:

Punishing Individuals Who Drive Under the Influence

According to Virginia law, as stated in VA Code § 8.01–44.5, one of the most common ways to get punitive damages drunk driving Virginia in a Virginia car accident case is by drinking and driving. Assuming the following: 

1. A driver has a blood alcohol content of 0.15% or higher
2. He was aware, or should have been aware, that he was impaired due to drinking alcohol and
3. He caused injury directly due to intoxication or the effects thereof.

Willful Acts That Show a Disregard for Safety

Some acts of extremely reckless driving (for example, illegally street racing or operating a car that isn’t roadworthy while knowing it is) would also fall under this category of punitive damages Virginia.

Deliberate Acts to Inflict Injury

Similarly, if someone were acting to injure another person (i.e., intentionally assaulting another or operating their vehicle as a weapon), then their conduct would amount to more than negligence, and they would be liable for punitive damages Virginia.

Cases Where Punitive Damages Are Not Available

If you have been severely injured as a result of a Virginia automobile accident but have caused it or were distracted, resulting in a minor error and/or being inattentive (as opposed to being intoxicated or driving recklessly), then you will most likely not qualify for punitive damages Virginia.

Damages and a Virginia Lawsuit

Personal injury case evaluation in Virginia involves assessment of liability and damages. This is necessary in deciding on the way forward.

Pure Contributory Negligence Precedes All Things

Virginia’s pure contributory negligence law determines if any Virginia personal injury damages are available at all; even 1% of fault will wipe out all claims for either compensatory damages Virginia or punitive damages Virginia. The contest of fault will precede the contest for money.

How Damages Factor Into Negotiations

The value of your Virginia personal injury damages compensation claim is established by the type of damages paid, such as compensatory damages. The possible amount of any punitive damages Virginia could create a greater risk for the defendant (the person who is found responsible for the injury) during negotiations because they are not able to insure against these types of damages.

How the Attorney Handles Damages

The attorney establishes the economic vs non-economic damages with documentation from medical bills and predicts future costs with expert reports in medicine, rehabilitation, and economics. 

He develops the non-economic damages from telling the story about how you were injured. In a punitive damages Virginia claim, the pleading needs to include specific allegations of outrageous behavior; bare recitals of legal theories will be insufficient.

Myths Related to Punitive Damages

Certain myths confuse people: Every time there is an injury, there will be punitive damages Virginia; no, the act has to be egregious. Any drunk driver will have to pay punitive damages drunk driving Virginia; no, they only happen in case there is a statute or a fact in the case. They are an easy reward, they are uncommon, and the Virginia punitive damages cap is $350,000. You are not allowed to collect Virginia personal injury damages if you have been involved in a minor accident; no, if your fault was even 1%, you can’t recover then.

Injured by the Fault of Others in Virginia? Contact Tatum & Atkinson

When you’re recovering from an injury, valuing a Virginia personal injury damages claim can be hard to figure out since both sides (you and the insurance company) will determine how much your claim is worth. However, you won’t have to do it alone. If you have any questions about your case, please ask, and we will provide the answers free of charge. 

For over fifteen years, Tatum & Atkinson has been helping clients with their Virginia personal injury damages claims. Our Virginia-based attorney, Jon Ward, oversees all of Southwest Virginia’s personal injury cases out of our Cedar Bluff office. The Heavy Hitters organization has experience in evaluating the economic vs non-economic damages parts of a personal injury claim and, where applicable, in adding up the total amount of the claim. 

If the insurance company does not pay all or part of your claim, we can also pursue a claim for punitive damages Virginia. Give us a call at (800) 529-0804 for a free consultation. We operate on a contingency basis, so that means you pay nothing upfront, not even for the initial phone call.

Frequently Asked Questions!

Can I get punitive damages just because the other driver was drunk?

No driver can be held liable for intoxication in Virginia unless their blood alcohol level exceeds 0.15 (and the other elements of the offense are satisfied) or their conduct is otherwise willful or wanton (e.g., hitting a car while drunk), even if the driver is intoxicated and the intoxication is actually part of the elements of proof the state must establish. This is key to understanding punitive damages drunk driving Virginia.

Is there a limit on what I can recover?

No cap on compensatory damages Virginia for normal injury cases exists in Virginia. The Virginia punitive damages cap is set at $350,000, no matter what the verdict amount might be. Medical malpractice caps are something completely different and do not apply here.

What if I were partly at fault?

It is game over. According to Virginia’s 1% rule, anyone even minimally at fault is not entitled to anything, neither compensatory damages Virginia nor punitive damages Virginia. This is the reason why fault is usually the only issue that counts in an injury case.

Do I pay a lawyer up front to pursue damages?

Consultations are free, and injury claims are on a contingency basis, meaning that there is no fee unless we obtain compensation for you. Expenses associated with the preparation of your Virginia personal injury damages case will be paid by our firm.

Will my case have to go to trial to recover full damages?

The majority of cases are settled out of court. However, a well-prepared case for damages, particularly one that involves a claim for punitive damages Virginia, will give the insurance company cause to pay up.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.