Maryland has a cap on the amount of damages that can be awarded in a personal injury lawsuit for non-economic losses.
What Is a Damages Cap?
Caps on damages are statutory limits placed on the amount of money that can be awarded in a personal injury lawsuit. Damage caps vary by state; some do not have damage caps. Maryland has damage caps, but they only apply to non-economic (pain and suffering) damages.
What Is the Difference Between Economic Damages and Non-Economic Damages?
Economic damages are those that have a clear monetary value. They can be easily calculated and are not subject to interpretation. For example, if you were in a car accident and a negligent party caused $1,000 in damage to the vehicle, the economic damages would be $1,000 for the damage.
Other economic damages may include:
- Past and future medical expenses
- Medication expenses
- Past and Future Lost wages
- Future loss of earning potential
- Cost of In-home care
When a jury decides how much to award in economic damages, they add up all the monetary costs associated with the injury. For future damages, such as future medical expenses, the damages will depend on the plaintiff’s recovery. Future damages typically include future medical bills and future loss of income you will likely incur because of the injury.
Non-Economic Damages
Non-economic damages are subjective; they do not have a clear monetary value and can be more challenging to calculate and prove. Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of companionship
- Disfigurement and scarring
The difficulty with non-economic damages is that there is no set formula to calculate them. How much someone should receive for pain and suffering can vary significantly from person to person.
Non-Economic Damages Cap in Personal Injury Cases in Maryland
For any injury arising on or after October 1, 2022, the pain and suffering damages cap for a non-medical malpractice case in Maryland for injuries and wrongful death lawsuits (if there is only one beneficiary) is $920,000. The cap increases every year. The table below reflects the caps by year, going back to 1994. There is a different cap for medical malpractice cases.
The non-economic cap in Maryland increases to $1.38 million in wrongful death cases if there are two or more wrongful death beneficiaries for injuries that occurred on or after October 1, 2022. When someone dies in Maryland, their Estate can also make a Survival Action claim. If a Survival Action claim is made along with a wrongful death claim, the current combined non-economic cap is $2,300,000, for injuries that occured after October 1, 2022. 
Damage Caps for Maryland Medical Malpractice Cases
Medical malpractice is a type of personal injury case where the victim alleges that a medical professional’s negligence harmed them. Under Maryland Courts and Judicial Procedures § 3-2A-09, the limitation on non-economic damages “shall apply in the aggregate to all claims for personal injury and wrongful death arising from the same medical injury, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.”
The amount of the cap is based on a formula established in 2005. For any claim that arose between January 1, 2006, and January 1, 2008, the non-economic damages could not exceed $650,000. For each subsequent year, the maximum amount for the cap on non-economic medical malpractice damages increases by $15,000.
For any injury arising on or after January 1, 2023, the cap on non-economic damages is $875,000, for a medical malpractice injury or wrongful death case (if there is only one beneficiary). If there is more than one beneficiary, in a medical malpractice case the maximum recovery for non-economic damages, for cases arising on or after January 1, 2023, would be $1,093,750. The table below sets forth the cap in medical malpractice cases from 2005 to the present.
| Cause of action arises on or after | Limit on all claims from same medical injury (except wrongful death) | Limit on all claims if wrongful death cases is filed with two or more beneficiaries | Total limit |
| 1/1/2023 | $875,000.00 | $1,093,750.00 | $1,093,750.00 |
| 1/1/2022 | $860,000.00 | $1,075,000.00 | $1,075,000.00 |
| 1/1/2021 | $845,000.00 | $1,056,250.00 | $1,056,250.00 |
| 1/1/2020 | $830,000.00 | $1,037,500.00 | $1,037,500.00 |
| 1/1/2019 | $815,000.00 | $1,018,750.00 | $1,018,750.00 |
| 1/1/2018 | $800,000.00 | $1,000,000.00 | $1,000,000.00 |
| 1/1/2017 | $785,000.00 | $981,250.00 | $981,250.00 |
| 1/1/2016 | $770,000.00 | $962,500.00 | $962,500.00 |
| 1/1/2015 | $755,000.00 | $943,750.00 | $943,750.00 |
| 1/1/2014 | $740,000.00 | $925,000.00 | $925,000.00 |
| 1/1/2013 | $725,000.00 | $906,250.00 | $906,250.00 |
| 1/1/2012 | $710,000.00 | $887,500.00 | $887,500.00 |
| 1/1/2011 | $695,000.00 | $868,750.00 | $868,750.00 |
| 1/1/2010 | $680,000.00 | $850,000.00 | $850,000.00 |
| 1/1/2009 | $665,000.00 | $831,250.00 | $831,250.00 |
| 1/1/2008 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2007 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2006 | $650,000.00 | $812,500.00 | $812,500.00 |
| 1/1/2005 | $650,000.00 | $812,500.00 | $812,500.00 |
Does the Jury Know About the Cap on Damages?
Under Maryland Courts and Judicial Procedures § 3-2A-09(c), the jury may not be informed of the limitation on non-economic damages in a jury trial. The law states, “If the jury awards an amount for non-economic damages that exceeds the limitation established under [this section], the court shall reduce the amount to conform to the limitation.”
For example, in a medical malpractice case that arose on or after January 1, 2023, a victim suffers a severe back injury that requires multiple surgeries. The victim is unable to work and has mounting medical bills. They file a personal injury lawsuit against the doctor and hospital.
At trial, the jury hears about the victim’s medical bills, lost wages and pain and suffering and awards them $1 million for their past and future medical bills and $2 million for pain and suffering damages, for a total verdict of $3 million. However, because of Maryland’s malpractice non-economic damage cap, the jury’s award would be reduced to $1,8750,000.
Hire an Experienced Maryland Personal Injury Lawyer
If you are looking for the highest level of representation available for your personal injury or medical malpractice case, turn to Chaikin, Sherman, Cammarata & Siegel, P.C. Our firm has helped clients recover more than $500 million in compensation, and we have more than 100 years of combined experience. All of our partners are recognized by Washington, D.C. Super Lawyers®, and our firm includes three past presidents of the Trial Lawyers Association of Metropolitan Washington, D.C.
We value the attorney-client relationship and work to help our clients obtain fair settlement offers to compensate them for the injuries they’ve suffered, but our attorneys are extremely well-equipped to go to trial if needed. Call (202) 659-8600 or contact us online to get the proven legal representation you deserve.
