In any action accruing on or after July 1, 1988, 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 shall the total amount awarded for punitive damages exceed $350,000. 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.
§ 8.01-38.1.Limitation on recovery of punitive damages.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1987 · Last verified July 16, 2026
In one sentenceCaps the combined punitive-damages award against all liable defendants in a single Virginia civil action — including medical malpractice cases — at $350,000, keeps the jury unaware of that ceiling, and directs the judge to reduce any excessive verdict down to the statutory maximum.
Full Text of § 8.01-38.1
Plain-English Summary
For any action accruing on or after July 1, 1988, including a medical malpractice action under Chapter 21.1, the trier of fact determines the total punitive damages awarded against all defendants found liable. That total, combined across every liable defendant rather than assessed separately against each one, cannot exceed $350,000.
The jury deciding the case is never told about this cap. If a jury nonetheless returns a punitive damages verdict above the statutory maximum, the judge reduces the award and enters judgment for damages in the maximum amount the section allows, rather than sending the question back to the jury.
Frequently Asked Questions
Is the $350,000 cap per defendant or a total across everyone found liable?
It is a total. The section caps the combined amount awarded for punitive damages against all defendants found to be liable, not a separate $350,000 allowance for each defendant.
Does the jury know about this cap when deciding how much to award?
No. The section specifically states that the jury is not advised of the limitation.
What happens if the jury awards more than $350,000 in punitive damages?
The judge reduces the award and enters judgment for punitive damages in the maximum amount the section allows, rather than returning the verdict to the jury for reconsideration.
Does this cap apply to medical malpractice cases?
Yes. The section expressly includes actions for medical malpractice under Chapter 21.1 within its scope.
Does the cap apply to every Virginia tort action?
It applies to any action accruing on or after July 1, 1988, without limitation to a particular type of tort claim.
Amendment History
1987, c. 255.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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