States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

Maryland's wrongful death cap is unusual because it isn't one number — it grows with the size of the family sharing the claim.

Base cap, then 150%

Under §11-108, wrongful death noneconomic damages are limited to the same figure that governs personal injury — $980,000 for causes of action arising on or after October 1, 2026. When there are two or more claimants or beneficiaries, the limit rises to 150% of that figure, or $1,470,000. The statute defines noneconomic damages in a death case to include mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, advice, guidance and similar losses.

The survival action is capped separately

A separate survival action recovers the decedent's own pre-death suffering, and the cap applies to it independently. The Department of Legislative Services calculates the combined noneconomic ceiling at $2,450,000 as of October 1, 2026 for a case with two or more beneficiaries. Economic and punitive damages are not capped.

Malpractice deaths: a smaller step up

For deaths from medical malpractice, §3-2A-09 applies one aggregate limit to all claims from the same injury, and raises it by only 25% — to 125% of the base figure — when two or more beneficiaries share a wrongful death action.

How other states compare

Many states set a single flat wrongful death cap, or none. Maryland's per-beneficiary scaling, annual escalator and separate survival cap make it one of the more intricate formulas. And whatever the cap, contributory negligence on the decedent's part can defeat the claim before it applies.

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.