Virginia Accident But Maryland Lawsuit: Is There a Cap?

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We have a case where the accident occurred in Virginia but we sued in Maryland because the defendant driver lived in Baltimore City which is generally a place where juries are more fair then they are in southern Virginia where the accident occurred.

The question is does the cap on economic damages in Maryland apply to the case?

The answer is no.  Under Maryland law, the substantive law of Virginia will apply to the case.  That means Virginia traffic law will be applied. But because caps are considered substantive, Virginia's lack of the cap will also control in this Baltimore Circuit Court case.  Which is a good thing for our client. 

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