Maryland’s Cap on Non-Economic Damages

Caps on non-economic damages are tort reforms that limit damages on non-monetary losses that negatively affect quality-of-life such as permanent disability, disfigurement, blindness, loss of a limb, paralysis, trauma, or physical pain and suffering.

Maryland’s current cap as of October 1, 2018 for non-economic damages for injuries and wrongful death cases is $860,000 and it increases annually.  This rises to $1,290,000 in wrongful death cases made by two or more surviving family members. The cap is defined in § 11-108 of Maryland’s Courts and Judicial Proceedings Article.  The cap for individual cases is based on the date of the incident, i.e., if you got into an accident on April 1, 2015 but filed on February 3, 2016, the limit in place on April 1, 2015 would be used ($800,000).  Below, you can find a non-economic damages cap table for Maryland.