Is There A Limit On How Much I Can Recover In A Personal Injury Case ?
Maryland, through it legislature, has chosen to limit the amounts recoverable by those injured by the negligence of others. Experienced Baltimore personal injury lawyers are all too aware that “in an action for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury…”and “[i]n an action for wrongful death, mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education in which the cause of action arises on or after October 1, 1994″ an award for noneconomic damages may not exceed the amount fixed by law. Is There A Limit On How Much I Can Recover In A Personal Injury Case ? If your case is tried in Maryland- that answer is an unfortunate, and unhesitating yes. If a Baltimore jury awards more than the maximum, a judge has no choice but to reduce the amount awarded the the maximum.
I should note at the outset, we are talking here only about he most extraordinary of injury claims. The damages cap simply has no applicability in a typical Baltimore car accident claim. Most injury claims resolve by settlement or verdict for a mere fraction of the upper limits. However, in an appropriate case, the application of cap has come as a monumental shock to those who are paralyzed, horribly maimed, or have lost a parent or spouse to the negligent acts of others.
In Maryland, damages awarded in a personal injury or wrongful death lawsuit are generally divided into two categories: economic damages and non-economic damages. Economic damages compensate for measurable financial losses, such as medical bills, lost income, and future care expenses. Non-economic damages, by contrast, are meant to compensate for intangible harms like pain and suffering, emotional distress, inconvenience, loss of consortium, and loss of enjoyment of life.
Maryland law places a statutory cap on the amount of non-economic damages that can be awarded in civil cases. This cap does not apply to economic damages, nor does it apply to punitive damages in certain rare cases.
The limits are contained in Courts and Judicial Proceedings § 11-108 of the Maryland Code. The cap amount is adjusted annually for inflation.
For personal injury cases arising in 2025, the non-economic damages cap is $935,000.
This amount increases by $15,000 each year on January 1.
The applicable cap is determined by the date the cause of action arises, not when the case is filed or tried. If an injury occurred in 2023, for example, the 2023 cap applies, even if the trial takes place in 2025.
In wrongful death actions where only one claimant (e.g., a surviving spouse or child) brings the claim, the same general cap applies.
However, when two or more claimants seek damages for the wrongful death of the same individual (for example, both a spouse and children), the cap increases by an additional 150% of the base cap for that year. This adjustment reflects the greater emotional impact on multiple surviving family members.
In 2025, that combined cap for multiple wrongful death beneficiaries would be $1,402,500 (i.e., $935,000 × 1.5).
Even in cases with multiple claimants, this elevated figure represents the total non-economic damages recoverable, not per person.
Maryland does not prohibit a jury from awarding non-economic damages exceeding the statutory cap. However, after a verdict, the trial judge is required to reduce any award of non-economic damages to the applicable cap. This judicial reduction is mandatory and not subject to the discretion of the court.
For example, if a jury awards $2 million in non-economic damages in a 2025 personal injury case, the court must reduce that portion of the award to $935,000, regardless of the jury’s findings.
Maryland Damages Cap: Concluding Observations
We can say with certainty that Maryland imposes a statutory cap on non-economic damages in civil lawsuits. This cap is adjusted annually and applies to both personal injury and wrongful death cases. That’s not to say some individuals and families have not challenged the legality or constitutionality of the provision. They have, albeit unsuccessfully. In fact, Maryland’s high court has systematically rejected all challenges to the cap, including the most recent ones. We also know in wrongful death cases with multiple claimants, the cap is increased by 150%. Significantly, although Judges are required by law to reduce non-economic damage awards that exceed the cap, even if awarded by a jury, the cap does not apply to economic damages. I analyze, evaluate and develop a strategy for all my client on a complimentary basis during our initial meeting. Contact me today to arrange yours.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
