Maryland's Cap on Non-Economic Damages: What Pain and Suffering Is Worth

Maryland law places a statutory cap on non-economic damages — compensation for pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. Economic damages, such as medical bills and lost wages, are not capped and can be recovered in full.

What the Cap Covers

For most personal injury cases, the cap is adjusted upward each year. For injuries occurring in the 2025–2026 period, the cap is approximately $965,000, and it rises by a set amount every October 1.

Higher Limits in Wrongful Death Cases

In wrongful death cases involving two or more eligible beneficiaries, Maryland allows a higher cap — generally 150% of the standard limit. When a survival action is combined with a wrongful death claim, the total non-economic recovery available can be substantially higher.

These calculations are technical, and the applicable cap depends on the date of injury and the number of beneficiaries. An attorney can determine which limits apply to a specific case.

Medical Malpractice Has Its Own Cap

Medical malpractice cases are governed by a separate damages cap under a different section of Maryland law. These caps also adjust over time and differ between cases that result in death and those that do not.

Because the rules differ by case type, it is important to understand which cap applies to your situation before evaluating what a claim may be worth.

Why Economic Damages Matter So Much

Since non-economic damages are capped but economic damages are not, fully documenting every economic loss is critical in serious Maryland injury cases. This includes future medical care, lost earning capacity, rehabilitation, and life-care costs.

A thorough claim built with medical and economic experts ensures that the capped and uncapped portions of your damages are both maximized.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maryland attorney.