Maryland has a maximum limit, or a “cap” on the amount of pain and suffering damages that a plaintiff can recover from an accident or incident. Non-economic damages include all non-pecuniary damages such as physical and/or emotional pain and suffering, permanent disability, disfigurement, blindness, loss of a limb, paralysis, trauma, solatium, and loss of equilibrium. They are considered “non-economic” damages because such damages are not quantifiable. In Maryland, jurors are notinformed about the cap; rather, the cap is applied by the court, if necessary, after the jury has reached their verdict.
This cap increases annually and the cap for any individual case is based on the date of the loss, or the date that the cause of action arose on. For example, if you were in an accident on March 8, 2012, and filed suit on April 8, 2014, the cap would be the limit in place on March 8, 2012. The cap is the limit for all causes of actions arising from the same act or omission.
There are two types of caps: 1) medical malpractice cases, and 2) all other civil litigation. Under each of these types of caps, there are three subcategories: 1) the cap that applies generally (“General Cap”), 2) a cap for wrongful death claims with two or more beneficiaries (“Wrongful Death – Multiple Claimants”), and a combined limit for wrongful death and survival claims if both are being made (“Wrongful Death and Survival”). As the caps for medical malpractice cases are completely separate, a chart for the caps in medical malpractice cases is located here. For the civil litigation caps, a calculator is included below.
Due to the multiple types and subcategories of damage caps, it can be confusing and overwhelming to litigants. If you need assistance understanding the information provided below or have questions about what cap may apply to your litigation, please contact our office so that we can guide you through the information.
| Date of Loss – On or After | General Cap | Wrongful Death – Multiple Claimants | Wrongful Death and Survival |
|---|---|---|---|
| 10/01/2002 | $620,000.00 | $930,000.00 | $1,550,000.00 |
| 10/01/2003 | $635,000.00 | $952,500.00 | $1,587,500.00 |
| 10/01/2004 | $650,000.00 | $975,000.00 | $1,625,000.00 |
| 10/01/2005 | $665,000.00 | $997,500.00 | $1,662,500.00 |
| 10/01/2006 | $680,000.00 | $1,020,000.00 | $1,700,000.00 |
| 10/01/2007 | $695,000.00 | $1,042,500.00 | $1,737,500.00 |
| 10/01/2008 | $710,000.00 | $1,065,000.00 | $1,775,000.00 |
| 10/01/2009 | $725,000.00 | $1,087,500.00 | $1,812,500.00 |
| 10/01/2010 | $740,000.00 | $1,110,000.00 | $1,850,000.00 |
| 10/01/2011 | $755,000.00 | $1,132,500.00 | $1,887,500.00 |
| 10/01/2012 | $770,000.00 | $1,155,000.00 | $1,925,000.00 |
| 10/01/2013 | $785,000.00 | $1,177,500.00 | $1,962,500.00 |
| 10/01/2014 | $800,000.00 | $1,200,000.00 | $2,000,000.00 |
| 10/01/2015 | $815,000.00 | $1,222,500.00 | $2,037,500.00 |
| 10/01/2016 | $830,000.00 | $1,245,000.00 | $2,075,000.00 |
| 10/1/2017 | $845,000.00 | $1,267,500.00 | $2,112,500.00 |
| 10/1/2018 | $860,000.00 | $1,290,000.00 | $2,150,000.00 |
| 10/1/2019 | $875,000.00 | $1,312,500.00 | $2,187,500.00 |
| 10/1/2020 | $890,000.00 | $1,335,000.00 | $2,225,000.00 |
| 10/1/2021 | $905,000.00 | $1,357,500.00 | $2,262,500.00 |
| 10/1/2022 | $920,000.00 | $1,380,000.00 | $2,300,000.00 |
| 10/1/2023 | $935,000.00 | $1,402,500.00 | $2,337,500.00 |