Maryland Personal Injury Lawyers
Maryland caps non-economic damages. As of October 1, 2026, the pain and suffering damages cap for injuries and wrongful death lawsuits in Maryland is $980,000 So if the victim is not killed, the maximum compensation for pain and suffering is $980,000
So in a case where someone is killed—even a child—and there is only one wrongful death beneficiary, the maximum compensation for pain and suffering is $980,000
Maryland law allows a cap plus an additional 50%, regardless of how many family members are affected. Accordingly, the pain and suffering cap increases the limit to $1,470,000 in wrongful death cases if there are two or more wrongful death beneficiaries.
In death cases, the Estate also has a survival action claim. The maximum amount in non-economic damages that the Estate may recover is $980,000. The maximum recovery available for pain and suffering (non-economic damages) for a wrongful death lawsuit in Maryland, if you have two or more wrongful death beneficiaries and a viable Estate claim, is $2,450,000. Maryland has no cap on economic damages or punitive damages.
Two Damage Caps for Wrongful Death Lawsuits
The survival action cap is also $980,000. A survival action is another claim that can be brought when someone is negligently killed in Maryland.
Accordingly, as you will see in the chart below, the maximum recovery for non-economic pain and suffering damages in a wrongful death case is $2.45 million. The cap will increase again on October 1, 2027.
- There is a different damages cap for medical malpractice. This is the cap on medical malpractice claims in Maryland
- The difference between survival actions and wrongful death claims in Maryland
Maryland Damage Cap Chart
In non-malpractice civil lawsuits in Maryland, this chart shows the cap on pain and suffering damages:
| Effective Date | Injury / Single Beneficiary | Two+ Beneficiaries | Survival + Wrongful Death |
|---|---|---|---|
| 10/1/2026 (current) | $980,000 | $1,470,000 | $2,450,000 |
| 10/1/2025 | $965,000 | $1,447,500 | $2,412,500 |
| 10/1/2024 | $950,000 | $1,425,000 | $2,375,000 |
| 10/1/2023 | $935,000 | $1,402,500 | $2,337,500 |
| 10/1/2022 | $920,000 | $1,380,000 | $2,300,000 |
| 10/1/2021 | $905,000 | $1,357,500 | $2,262,500 |
| 10/1/2020 | $890,000 | $1,335,000 | $2,225,000 |
| 10/1/2019 | $875,000 | $1,312,500 | $2,187,500 |
| 10/1/2018 | $860,000 | $1,290,000 | $2,150,000 |
| 10/1/2017 | $845,000 | $1,267,500 | $2,112,500 |
| 10/1/2016 | $830,000 | $1,245,000 | $2,075,000 |
| 10/1/2015 | $815,000 | $1,222,500 | $2,037,500 |
| 10/1/2014 | $800,000 | $1,200,000 | $2,000,000 |
| 10/1/2013 | $785,000 | $1,177,500 | $1,962,500 |
| 10/1/2012 | $770,000 | $1,155,000 | $1,925,000 |
| 10/1/2011 | $755,000 | $1,132,500 | $1,887,500 |
| 10/1/2010 | $740,000 | $1,110,000 | $1,850,000 |
Which Damages Cap Date Do You Use in Maryland?
In Maryland, the damages cap is applied on the date the cause of action arises. The cap is tied to the date of the incident or event that gave rise to the legal claim. This means the cap in effect when the alleged wrongful act occurred limits potential damages, not the trial date or the date the lawsuit is filed, as it is in some jurisdictions.
Understanding This Damage Cap Chart
The first column is the pain and suffering cap in both fatality and injury death cases. For example, in an action for damages for personal injury or death in a non-medical malpractice case, the cap on pain and suffering damages is $965,000 for causes of action arising between October 1, 2025, and October 1, 2026.
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 a survival action (explained here).
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.
Accordingly, there are two different calculations, one for survivor lawsuits and the other for wrongful death claims. So, the Maryland wrongful death cap on noneconomic damages for causes of action arising on or after October 1, 2026, is 150% of the cap ($1,470,000) if there are two or more wrongful death beneficiaries, plus the survival action cap ($980,000), for a combined maximum of $2,450,000.
Why Do We Have a Damages Cap Law in Maryland?
The short answer to this question is that insurance companies and hospitals have better lobbyists than victims and plaintiffs’ lawyers. The worst part is that these caps hit hardest the people who deserve the full measure of the jury’s verdict most. Children who lose their parents and people who are severely brain-damaged or paralyzed sometimes receive the same amount of money in pain and suffering damages as someone who eventually has a full recovery. It makes no sense.
A few years back, a bill was proposed in the Maryland House of Delegates that our lawyers were pretty excited about. If passed, the bill would have tripled the pain and suffering cap in wrongful death or catastrophic injury cases. From our firm, Laura Zois testified, and so did one of Miller & Zois’ clients (whose family was awarded $10 million and recovered less than $1 million). But the bill stalled in committee.
What Is a Damages Cap?
Caps on damages are statutory laws enacted by state legislatures that set maximum limits on the amount of money that plaintiffs can get in medical malpractice and other types of tort cases. Damage caps vary widely by state. Some states do not have damage caps at all, while others have very strict caps. Maryland has damage caps, but they only apply to pain and suffering damages.
Maryland Jurors Are Not Told of the Non-Economic Damages Cap
Why do you see jury verdicts that are more than this damages cap? Again, there is no cap on economic loss, which can be substantial if the victim was a high-wage earner or there are significant future medical bills, as our lawyers often see in birth injury cases.
Moreover, jurors are not told there is a cap on non-economic damages. So the jury reaches a verdict without ever being told that the damages they believed appropriate will later be reduced by state law.
2026 Maryland Cap Update
Maryland lawmakers considered legislation in 2026 that would have substantially increased the cap on noneconomic damages in personal injury and wrongful death cases. The House bill was ultimately referred to interim study, so the existing damages cap remains in place. As of October 1, 2026, the general noneconomic damages cap is $980,000 and continues to increase by $15,000 each October 1.
Hiring an Experienced Maryland Personal Injury Lawyer
If you are a lawyer or a victim and have questions about how the Maryland damages cap applies to your case, give our lawyers a call. Our attorneys will be glad to explain this maze to you. You can reach our legal team at 800-553-8082, text us at 410-835-4103, or contact us online.
Related Information
- 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 mistakes, traffic collisions, and product liability cases)
- Contact a Maryland personal injury attorney at 800-553-8082 or click here for a free consultation