Bucci & Dix

Charlottesville Court Affirms Jury Verdict For Less Than Specials

A court last month approved a jury verdict for less than the amount of Plaintiff's claimed medical damages.  In the case of Anglin v. McCann, heard in the Charlottesville Circuit Court, the Plaintiff alleged medical damages of $1,171.60 stemming from a June, 2008 car accident.  The jury, however, returned a verdict for the Plaintiff of a mere $1,000.

In ruling that the jury's verdict was sufficient, the Court pointed out that the amount of medical specials were disputed, with the Defendant only admitting to $104.00 of the Plaintiff's claim.  The rest of the jury's award, the Court reasoned, could have been for pain, suffering, and inconvenience.

In Virginia, a verdict for the exact amount of a Plaintiff's claimed medical specials is improper.  Somewhat paradoxically, however, a verdict above or below the amount of specials, when the amount is disputed, is proper.  A verdict for the exact amount of medical specials is improper because the Plaintiff must be awarded something for pain, suffering, and inconvenience, over and above the amount of medical bills, under Virginia law.