The District of Columbia, Maryland, and Virginia share borders (and one congested and wreck-strewn Beltway). However, depending upon whether you are injured in the District, Maryland, or Virginia, your personal injury claim may be valued significantly differently.
Why Might My Recovery Be “Capped”?
Each of the District, Maryland, and Virginia has a “statutory cap” on certain kinds of damages in injury claims. A “statutory cap” refers to the maximum amount of damages that a plaintiff can recover in an injury claim.
Often, a plaintiff can recover far less than the statutory cap, because the responsible party has insurance coverage that is far less than the applicable cap. Alternatively, if the local government is the responsible party, there are additional limits on how much an injury victim can recover from the government.
What Are The Different Types of Damages?
“Economic damages” are losses such as medical bills and lost wages.
On the other hand, “noneconomic damages” are claims such as physical pain, mental anguish, humiliation, and suffering from scarring or disfigurement.
“Punitive damages” are a special kind of damages that are designed to deter especially gross neglect or misconduct. Essentially, it is a damage that is designed to punish the wrongdoer.
Non-Medical Malpractice Cases against Private Parties
In non-medical malpractice cases that are not filed against the local government (for example, an auto accident case or dog bite), none of the District, Maryland, or Virginia limit economic damages.
Maryland is the only jurisdiction with a cap on non-economic damages:
| State | Cap on Economic Damages in Non-Medical Malpractice Cases | Cap on Noneconomic Damages in Non-Medical Malpractice Cases Against a Private Party |
| Maryland | None | $965,000 is the most you can ever recover for noneconomic damages, no matter how badly you suffer. This amount will be adjusted on October 1, 2026 |
| Virginia | None | None |
| Washington, D.C. | None | None |
Claims Against the Local Government
If you are injured by someone who is working for the state or local government at the time of the incident, both Maryland and Virginia might limit the amount you can recover.
The accident victim must understand that separate and apart from limitations on damages, all three jurisdictions have strict notice requirements which must be complied with prior to filing an injury claim or suit against the government.
| State | Non-Death Claims Against The State or Local Government | Claims for Wrongful Death Against The State or Local Government |
| Maryland | $400,000 is the most you can recover from the State of Maryland or one of its Local Governments, such as a County or City.
However, in certain circumstances, victims of intentional torts or violations of constitutional rights by law enforcement, as well as sexual assault victims, can recover up to $890,000.
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In addition to the injured person’s own claim, when that person dies, his or her family members can also make an additional claim for wrongful death. This additional claim is called a claim for wrongful death, and the applicable caps are:
$1,150,000 is the cap on noneconomic damages for medical malpractice claims resulting in death for which there are two or more wrongful death beneficiaries (for example, if the victim is survived by a spouse and three children).
$1,447,500 is the cap on noneconomic damages for non-medical malpractice cases if the victim is survived by two or more beneficiaries.
$1,335,000 is the cap on non-economic damages for wrongful death claims against the State arising out of intentional torts or violations of constitutional rights by law enforcement when there are two or more beneficiaries. |
| Virginia | $100,000 is the most that you can receive if you are injured by the Commonwealth of Virginia, regardless of how much you are awarded by a jury. There are some situations where the government maintains higher insurance limits, which could allow for a greater recovery.
There is no cap on claims against local governments like cities or towns in Virginia, but this is because cities and towns are largely immune from suit for carrying out government functions. |
There is no cap on wrongful death damages for non-medical malpractice claims.
If the death was caused by medical malpractice, the applicable cap for injuries occurring between July 1, 2026 and June 30, 2027 is $2.75 million.
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| Washington, D.C. | None, but governmental immunity often applies. | None |
Punitive Damages and Medical Malpractice Claims
Punitive damages are rarely recoverable in the District and Maryland, but are not subject to a cap. In certain kinds of Virginia injury cases, punitive damages are more easily recoverable, but they are subject to a cap.
While Virginia has the least favorable caps when it comes to injury claims against the local government, Maryland has the least favorable caps when it comes to medical malpractice claims.
| State | Punitive Damages | Medical Malpractice |
| Maryland | There is no cap, but punitive damages are very rare. For example, even most victims of drunk drivers are not allowed to claim punitive damages in Maryland. | For medical malpractice injuries, the most you can recover for non-economic damages is $920,000. |
| Virginia | $350,000 is the most you can recover in Virginia for punitive damages. In Virginia, if you are the victim of a drunk driver who had a BAC of 0.15 or higher, you can generally seek punitive damages to punish the wrongdoer. | $2,750,000 is the absolute maximum you can recover if you are injured due to medical malpractice. For example, you are a professional baseball player earning $5 million a year, and a medical mistake leaves you paralyzed; the most you can receive is $2.75 million. |
| Washington, D.C. | There is no cap, but circumstances entitling one to punitive damages are rare, especially with respect to the District of Columbia itself. | None |
Concluding Thoughts
A skilled personal injury attorney is constantly evaluating the relevant caps and limitations on liability in helping injury clients understand the value of their claims.
In a jurisdiction as compact as the DMV, little facts may make all the difference. For example, if a truck accident occurs on the Capital Beltway in Maryland, but the truck was negligently loaded at the company headquarters in Virginia, which caps apply? If a doctor misdiagnosed a patient from her Washington, DC office, but treated the patient in her Alexandria, VA office, which caps apply?
At Bulman Dunie, we are here to help you understand the value of your injury claim. Please reach out to injury attorneys Dan Shaivitz or Phil Kuljurgis if you’d like to learn more about your claim.
