States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

Minnesota puts no ceiling on a private defendant's wrongful death liability. The only limit is against public bodies.

No cap in the statute

Minn. Stat. 573.02 lets the jury award the amount it deems fair and just for the decedent's damages from the injury before death and the pecuniary loss from the death, with no dollar limit. Summaries of Minnesota law confirm there are no caps on damages for personal injury or wrongful death.

Government defendants

Liability of the state or a municipality is limited to $500,000 per claimant and $1,500,000 for any number of claims arising from a single occurrence, for occurrences on or after July 1, 2009. If the amount awarded to several claimants exceeds the limit, a party can ask the district court to apportion it.

Punitive damages

The death statute says punitive damages may be awarded as provided in section 549.20, Minnesota's general punitive damages statute. The state is immune from punitive damages.

How other states compare

Maine caps noneconomic wrongful death damages at $1,000,000 adjusted for inflation. Maryland's cap rises every October and grows with the number of beneficiaries. Michigan caps only malpractice and product deaths. Minnesota's model is the most open-ended of the group, so the fault rule and the identity of the defendant matter more than any dollar ceiling.

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.