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||Combined Limit for Wrongful Death and Survival Action|
The first column is the pain and suffering cap in both fatality and injury death cases. So, for example, in an action for damages for personal injury or death in a non-medical malpractice case, the damages cap for pain and suffering damages is $785,000 for causes of action arising between October 1, 2013, and October 1, 2014.
The second column is the combined wrongful death maximum if there are two or more wrongful death beneficiaries. The third column is the combined number when you add in a survival action (which is explained here).
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, the statute of limitations may be tolled until plaintiffs know or have reason to know that they have been injured; and, more importantly, (2) minors have additional time to bring a lawsuit in Maryland. This is the cap for pain and suffering damages in non medical error cases.
Raise your hand if you are a little bit lost in these numbers. They are confusing. The Maryland General Assembly chose to establish a “double cap” in survival and wrongful death claims and allow for a "cap-and-a-half" if there are two or more wrongful death claimants. (The double cap was eliminated from health care error claims in 2005.) Accordingly, there are two different 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 are more than two wrongful death beneficiaries.
In 2014, a bill was proposed in the Maryland House of Delegates that would have tripled the pain and suffering cap in wrongful death or catastrophic injury cases. This would have increased the damage cap to $2.2 million in 2014 and increased the wrongful death cap with two or more survivors to $2.8 million. This would have been a big step forward
If you are a lawyer or a victim and have questions about the cap, you can give us a call and we would be glad to explain this maze further. You can reach one of our lawyers at 800-553-8082 or contact us on line.
More About Damage Caps in Maryland
- Medical Negligence Cap (a different number in Maryland)
- Do Maryland Juries Know About the Cap on Pain and Suffering Damages? (why juries are kept in the dark)
- How Do Wrongful Death Claims Work?
- What Are Pain and Suffering Damages and how do juries decide how much to award a plaintiff?
- Get Help (sample pleadings, depositions, etc. in medical mistake, traffic collision and product liability cases)
- Contact a Maryland personal injury attorney at 800-553-8082 or click here for a free consultation