States With Caps on Pain & Suffering Damages

By the FigureMyTax Editorial Team · How we calculate

Maryland's cap is not a fixed number. It has a built-in escalator that raises it $15,000 every October 1.

From $350,000 to nearly a million

A 1986 law first limited noneconomic damages in personal injury actions to $350,000. In 1994 the General Assembly extended the limits to wrongful death and set the figure at $500,000 for causes of action arising on or after October 1, 1994, with a $15,000 increase each October 1 beginning in 1995. The Department of Legislative Services reports the cap at $980,000 as of October 1, 2026.

The cap in force when you were hurt

The applicable limit is the one in effect when the cause of action arose — so an injury in September 2026 is subject to $965,000, while an injury the following month is subject to $980,000, regardless of when the case is tried.

Repeal has been tried and failed

A 2026 bill would have repealed the cap in personal injury and wrongful death cases. Lawmakers did not pass it. Maryland's highest court has also repeatedly upheld the cap against constitutional challenge, so the escalator remains the main way the number moves.

Only noneconomic damages

Medical bills, lost wages and punitive damages are not capped. And whatever the cap is, Maryland's contributory negligence rule can reduce a claim to zero first — any fault of your own bars recovery.

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.