Unlike Maryland (caps on pain and suffering) and Virginia (caps on punitive damages), the District of Columbia does not generally impose caps on recovery for torts actions against private individuals. In fact, the District of Columbia has even waived its own sovereign immunity where a government employee, acting within the scope of employment, causes a motor vehicle accident. D.C. Code ยง 2-412 provides:
Hereafter the District of Columbia shall not assert the defense of governmental immunity in any suit at law in which a claim is asserted against it for money only on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the District occurring as the result of the operation by such employee, within the scope of his office or employment, of a vehicle owned or controlled by the District: Provided, that in the case of a claim arising out of the operation of an emergency vehicle on an emergency run the District shall be liable only for gross negligence. Nothing contained in this subchapter shall be construed as depriving the District of any other defense in law or equity which it may have to any such action or give to any person, corporation, partnership, or association any right to institute or maintain any suit against the District which it did not have prior to July 14, 1960.
In future articles, we will discuss the damages caps that substantially affect the rights of injured people in jurisdictions near Washington D.C. where we practice — including Maryland and Virginia.