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.

Injured in Virginia?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Virginia attorney

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.