Pain & Suffering: Medical Malpractice vs. Ordinary Injury
The cap differs. The base clock does not.
The cap
Malpractice recovery is limited to $2.75 million in total for acts from July 1, 2026 to June 30, 2027; ordinary injury claims have no such limit.
The clock
Every action for personal injuries must be brought within two years after the cause of action accrues, and the same two years apply to malpractice.
Malpractice extensions
The two-year period is extended by one year for a foreign object left in the patient, by one year from discovery where fraud, concealment or intentional misrepresentation prevented discovery, and by one year from communication of a diagnosis in certain failures to diagnose cancer or tumors.
Fault
Pure contributory negligence applies to both kinds of claim.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Virginia's rules apply to your specific case with a licensed Virginia attorney.