Bill Text: VA SB895 | 2018 | Regular Session | Engrossed
Bill Title: Punitive damages; raises cap from $350,000 to $500,000.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-06 - Left in Courts of Justice [SB895 Detail]
Download: Virginia-2018-SB895-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-38.1 of the Code of Virginia is amended and reenacted as follows:
§8.01-38.1. Recovery of punitive damages.
A. In any action accruing on or after July 1, 1988,
but before July 1, 2018, including an action for medical malpractice under
Chapter 21.1 (§8.01-581.1 et seq.), the total amount awarded for punitive
damages against all defendants found to be liable shall be determined by the
trier of fact. In no event and shall the total amount awarded
for punitive damages not exceed $350,000.
B. In any action accruing on or after July 1, 2018,
including an action for medical malpractice under Chapter 21.1 (§8.01-581.1 et
seq.), the total amount awarded for punitive damages against all defendants
found to be liable shall be determined by the trier of fact and shall not
exceed [ $600,000 $500,000
] .
C. The jury shall not be advised of the limitation prescribed by this section. However, if a jury returns a verdict for punitive damages in excess of the maximum amount specified in this section, the judge shall reduce the award and enter judgment for such damages in the maximum amount provided by this section.
