Maryland: What Counts as Economic vs. Non-Economic Damages

This split decides everything about what's capped in Maryland — because only one side of it is ever subject to a ceiling at all.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In a Maryland personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: a specifically defined list

Maryland Code gives this category a specific legal definition: pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other nonpecuniary injury. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

Why this split matters more in Maryland than almost anywhere else

In Maryland, non-economic damages are the only category subject to a cap — and that cap applies regardless of the overall size of the claim. Economic damages pass through completely uncapped, no matter how large. This makes a thorough, well-documented economic damages tally especially consequential in a severe Maryland injury case: it's the only part of the recovery with no ceiling at all once the non-economic side maxes out.

The definition stays the same across both cap tracks

Whether a claim falls under the general personal injury cap or the separate, lower medical malpractice cap, the underlying definition of non-economic damages doesn't change — only the dollar ceiling and the annual increase schedule differ between the two tracks.

Contributory negligence doesn't distinguish between the categories

If a claimant's own fault bars recovery under Maryland's pure contributory negligence rule, it bars both economic and non-economic damages together. The split matters for the cap; it plays no role in the fault defense itself.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a Maryland personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in a Maryland personal injury claim?

Non-economic damages include pain, suffering, inconvenience, physical impairment, disfigurement, and loss of consortium — losses that don't come with a dollar receipt.

Why does this split matter so much in Maryland specifically?

Because only non-economic damages are capped at all. Economic damages pass through completely uncapped, regardless of the size of the claim or whether it involves medical malpractice.

Does Maryland law give a specific legal definition for non-economic damages?

Yes. Maryland Code specifically enumerates pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other nonpecuniary injury as the components that fall within the noneconomic damages category.

Does this split interact with Maryland's contributory negligence rule?

No. If a claimant's own fault bars the claim entirely, it bars both economic and non-economic damages together — the contributory negligence defense doesn't distinguish between the two categories.

This page provides general guidance only and is not legal advice. Figures are based on Md. Code, Cts. & Jud. Proc. § 11-108, verified per our methodology. Confirm what counts toward a specific claim with a licensed Maryland attorney before acting.