States With Caps on Pain & Suffering Damages
Most states cap pain and suffering for injured people. Maine leaves injury claims open-ended and caps the family's claim after a death instead.
No cap for injury or malpractice
Maine doesn't cap damages in personal injury cases generally. It is also one of the few states with no statutory cap on medical malpractice damages, noneconomic included — the area where most other states that cap anything start.
Where the caps actually are
Under 18-C M.R.S. §2-807(2), damages for loss of comfort, society and companionship in a wrongful death case may not exceed $1,000,000 adjusted for inflation, and punitive damages may not exceed $500,000. Separately, claims against the state, local governments and their employees are limited to $400,000 in total damages under the Maine Tort Claims Act.
A cap that has been raised twice
A 2019 law raised the wrongful death noneconomic limit from $500,000 to $750,000. A 2023 law raised it again to $1,000,000, tied it to the Consumer Price Index, and doubled the punitive limit from $250,000 to $500,000.
The fault bar can matter more than any cap
Because 14 M.R.S. §156 denies recovery to a claimant who is equally or more at fault, a finding of exactly 50% fault eliminates the claim entirely — before any dollar limit is reached.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm the current rule in any state with a licensed attorney there.