Here is a poignant editorial from last week that explores the arcane cap/limit that exists in Virginia. Basically, injured victims and their families including those from the Virginia Tech tragedy are all grouped in the same category and vastly limited in the amount of justice they can receive as a result of the state's tort claims act. The act sets a one-size-fits-all limit of 100K (which has not been changed for 15 years by the way) that the state will pay out even if they are grossly negligent. Even if the state's negligence results in the death of a spouse, severely handicaps a child, or maims a senior citizen. Everyone who is wrongfully hurt by the state of Virginia is lumped together. Caps/Limits only make it more difficult for innocent victims to obtain justice.That is why we have juries who listen to evidence and decide based on the uniqueness of each situation. Hopefully, Virginia will realize that its time for their cap to go the way of the dinosaur.




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