While Virginia law allows you to pursue legal action after a medical mistake, victims are often left wondering what kind of compensation they might be entitled to and whether it will be enough to cover their losses.
The value of a medical malpractice claim depends on several factors and varies widely depending on the specifics of your case. Here, our medical malpractice lawyers explore how medical settlements are calculated in Virginia and what to expect when pursuing a claim.
When Medical Care Goes Wrong — What Is a Fair Settlement?
Medical errors can result in serious injuries, permanent disability, or even wrongful death. A fair settlement should reflect not just the immediate medical costs but also the incident’s long-term financial, physical, and emotional toll.
At Tronfeld West & Durrett, our attorneys bring over 50 years of experience to assess every angle of your case and ensure every factor is considered in your settlement.
For answers to your questions, call:
800-321-6741
Understanding Medical Malpractice Under Virginia Law
Knowing whether you have a valid medical malpractice claim starts with understanding what qualifies as malpractice under Virginia law:
What Counts as Medical Malpractice?
Under Virginia Code § 8.01-581.1, medical malpractice refers to a personal injury or wrongful death resulting from negligent healthcare. This includes errors by hospitals, physicians, nurses, and other professionals or entities licensed in Virginia to deliver medical care. Examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors or unnecessary procedures
- Medication errors
- Birth injuries
Legal Elements Required for a Malpractice Claim
To pursue a claim, plaintiffs must prove:
- Duty of care: A medical relationship existed and the provider had a legal obligation to treat you.
- Breach of that duty: Their care fell below the accepted medical standards for your condition.
- Causation: The provider’s breach of duty directly caused harm or worsened your condition.
- Damages: There must be physical, financial, or emotional harm resulting for the malpractice.
What Factors Influence the Value of a Medical Malpractice Settlement?
Compensation from medical malpractice lawsuits varies because each case is unique, but it typically includes:
1. Economic Damages
- Medical bills (past and future)
- Lost wages and diminished earning capacity
- Rehabilitation costs
- Assistive equipment and home modifications
2. Non-Economic Damages
- Pain and suffering
- Emotional distress, including anxiety, depression, and trauma
- Loss of enjoyment of life
- Loss of consortium and impact on relationships
3. Long-Term Impact of the Injury
- Permanent disability or disfigurement
- Future medical care or need for assisted living
- Career disruption or change in life plans
Click to contact us today
Virginia’s Cap on Medical Malpractice Damages
Unlike other personal injury cases, Virginia limits how much compensation you can receive for a medical malpractice case.
What Is the Damages Cap?
Virginia Code § 8.01-581.15 caps the total damages (both economic and non-economic) you can recover through a medical malpractice claim. The cap is currently set at $2.65 million and will increase by $50,000 each year, reaching $2.95 million by 2031.
How the Cap Affects Settlement Calculations
Even if a jury awards more, the final amount must stay within the cap. This impacts how attorneys, insurers, and defendants evaluate risk.
If the damages likely exceed the cap, both sides may prefer to settle rather than incur the time and cost of trial—knowing the payout won’t surpass a certain amount. For the injured party, this means negotiations focus on securing the maximum allowed under the law.
Complete a Free Case Evaluation form now
Contributory Negligence – A Unique Challenge in Virginia
Virginia’s personal injury law follows one of the strictest negligence rules in the country:
How Shared Fault Can Bar Recovery
Under the state’s pure contributory negligence rule, any fault (even 1%) on the part of the plaintiff bars recovery. Defendants may argue that the patient failed to follow instructions or ignored medical advice, potentially preventing compensation.
How Attorneys Push Back on These Defenses
At Tronfeld West & Durrett, our attorneys can counter these arguments by gathering strong evidence early in the process. We carefully document economic losses and emphasize the lasting impact of the injury through medical records, expert testimony, and independent reviews.
Do Juries Play a Role in Settlement Calculations?
While settlements are negotiated outside court, juries can still influence their value:
Understanding the Role of a Jury
Juries hear cases when a settlement isn’t reached and decide whether the defendant is liable and what damages are owed. Their decisions serve as a benchmark for risk in negotiations.
How Trial Risk Influences Settlement Value
A strong case that could sway a jury increases the likelihood of a favorable settlement. On the other hand, if the defense believes liability is questionable, they may offer less.
Our team’s experienced litigators know how to evaluate trial risk, build persuasive arguments, and anticipate defense tactics. By preparing each case as if it will go to trial, we can strengthen your position during negotiations and maximize your claim’s value before ever stepping into court.
The Negotiation Process and Legal Strategy Behind Settlements
Settling a malpractice case through negotiation requires clear evidence, expert input, and a strong legal strategy.
How Attorneys Evaluate and Negotiate Claims
Here’s how Tronfeld West & Durrett’s medical malpractice attorneys negotiate claims:
- Collaboration with expert witnesses (physicians, economists, and vocational specialists).
- Thorough case assessment to understand your claim’s strengths and weaknesses.
- Accurate damage calculation, including financial and non-financial impacts.
What Goes Into the Final Number?
Your settlement includes gross compensation, minus attorney’s fees, litigation costs, and any medical liens.
It’s essential to understand this when deciding whether to accept a settlement. Some clients prioritize a quicker resolution, while others choose to continue negotiating for more. Our attorneys explain the numbers clearly so you can make an informed decision.
Tax Implications of Medical Malpractice Settlements in Virginia
Most medical malpractice settlements aren’t considered taxable income. According to IRS Publication 4345, compensation for physical injuries is tax-exempt. However, awards for lost wages or punitive damages may be taxable. Because every case is different, always consult with a tax professional.
Why Choosing the Right Attorney Makes a Difference
Choosing the right lawyer significantly influences the outcome of a medical malpractice case. Our lawyers work to avoid legal pitfalls and counter defense tactics, building each case with the goal of securing the maximum compensation available.
How Tronfeld West & Durrett Advocates for Full & Fair Compensation
During our over five decades of experience, Tronfeld West & Durrett has recovered millions for clients in Virginia through verdicts and settlements. We’re big enough to handle even the most complex cases, and small enough to have a personal feel.
If you believe medical negligence caused your injury, contact us for a free consultation. There are no fees unless we win your case.
Call or text 800-321-6741 or complete a Free Case Evaluation form