25.6 Damages

• Library: Virginia Construction Law Deskbook (Virginia CLE) (2019 Ed.)

25.6 DAMAGES

25.601 Scope of Recoverable Injuries and Losses. Sick building plaintiffs may sue for personal injuries, property damages, other economic loss damages, and, in certain instances, punitive damages and attorney fees. These damages may include actual physical injury, increased risk of cancer and other diseases, medical expenses, future medical costs, medical monitoring costs, lost wages, loss of earning capacity, loss of consortium, pain and suffering, and emotional distress. ²⁰³ Property damages may include cleanup and restoration costs, loss of use and enjoyment, stigma damages, damage to personal property, and other economic losses.

25.602 Measure of Damages. Under the VCPA, the measure of damages is a minimum of $500, or all actual damages suffered, and if the violation is willful, treble damages are recoverable. ²⁰⁴ Attorney fees and court costs are also recoverable under the VCPA. ²⁰⁵

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25.603 Collateral Source Rule. Simply put, the collateral source rule provides that "compensation or indemnity received by a tort victim from a source collateral to the tortfeasor may not be applied as a credit...