Maryland cap on noneconomic damages

Cap in Non Medical Malpractice Claims

   
Cause of action arises on or after Limit on all claims from same act or omission Limit on all wrongful death claims with two or more beneficiaries Total limit
   
10/1/1994 $500,000.00 $750,000.00 $1,250,000.00
10/1/1995 $515,000.00 $772,500.00 $1,287,500.00
10/1/1996 $530,000.00 $795,000.00 $1,325,000.00
10/1/1997 $545,000.00 $817,500.00 $1,362,500.00
10/1/1998 $560,000.00 $840,000.00 $1,400,000.00
10/1/1999 $575,000.00 $862,500.00 $1,437,500.00
10/1/2000 $590,000.00 $885,000.00 $1,475,000.00
10/1/2001 $605,000.00 $907,500.00 $1,512,500.00
10/1/2002 $620,000.00 $930,000.00 $1,550,000.00
10/1/2003 $635,000.00 $952,500.00 $1,587,500.00
10/1/2004 $650,000.00 $975,000.00 $1,625,000.00
10/1/2005 $665,000.00 $997,500.00 $1,662,500.00
10/1/2006 $680,000.00 $1,020,000.00 $1,700,000.00
10/1/2007 $695,000.00 $1,042,500.00 $1,737,500.00
10/1/2008 $710,000.00 $1,065,000.00 $1,775,000.00
10/1/2009 $725,000.00 $1,087,500.00 $1,812,500.00
10/1/2010 $740,000.00 $1,110,000.00 $1,850,000.00
10/1/2011 $755,000.00 $1,132,500.00 $1,887,500.00
10/1/2012 $770,000.00 $1,155,000.00 $1,925,000.00
10/1/2013 $785,000.00 $1,177,500.00 $1,962,500.00
10/1/2014 $800,000.00 $1,200,000.00 $2,000,000.00
10/1/2015   $815,000.00 $1,222,500.00   $2,037,500.00

 

     Why do we bother to list the Maryland cap numbers for injuries that occurred back in the 90s? Two reasons: (1) Under the discovery rule, Plaintiff the statute of limitations by be tolled until plaintiffs know or have reason to know that they have been injured; and (2) minors have additional time to bring a lawsuit in Maryland. This is the cap for pain and suffering damages in non medical malpractice cases.

The numbers are confusing because the Maryland General Assembly chose to establish a “double cap” in survival and wrongful death claims and allowing for a "cap-and-a-half" if there is two or more wrongful death claimants. (The double cap was eliminated from medical malpractice claims in 2005.) Accordingly, there are two difference calculations, one for survivor lawsuits and the other for wrongful death claims, but the recovery is limited to the noneconomic damages by multiple wrongful death claimants to 150% of the cap even if there is more than two wrongful death beneficiaries.

More About Damage Caps in Maryland
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