States With Caps on Pain & Suffering Damages

By the FigureMyTax Editorial Team · How we calculate

DC doesn't cap compensatory damages — but don't mistake that for a plaintiff-friendly jurisdiction. Its fault rule is harsher than almost any dollar cap could be.

No cap, full stop

DC imposes no statutory cap on compensatory damages in personal injury cases, whether economic or noneconomic, and whether the claim arises from an ordinary accident or medical malpractice. There's no multiplier ceiling and no separate malpractice track.

The real limit: pure contributory negligence

DC is one of a small handful of US jurisdictions still applying pure contributory negligence: if you're found even 1% at fault for your own injury, you're barred from recovering anything at all. DC is commonly grouped with Alabama, Maryland, North Carolina, and Virginia as the last jurisdictions retaining this all-or-nothing rule — a far harsher practical limit on recovery than any dollar cap.

A real exception for vulnerable road users

Since 2016, DC Code §50-2204.52 carves out pedestrians, bicyclists, and similar vulnerable road users involved in a motor vehicle collision, giving them modified comparative negligence — a 50% bar — instead of the pure contributory rule that governs everyone else.

Two independent policy questions

A no-cap rule and a harsh contributory negligence rule aren't contradictory — they answer different questions. One governs how much a plaintiff can recover once they prevail; the other governs whether they can recover at all given their own role in the incident. DC is generous on the first question and strict on the second.

This is general information, not legal advice, and the jurisdiction comparisons above are illustrative, not an exhaustive survey. Confirm the current rule with a licensed attorney.