Caps on damages are legal limits on the amount of money a person can receive in a lawsuit — usually in personal injury or medical malpractice cases.
There are three main types of damages in a lawsuit:
1. Economic Damages
- Covers measurable losses like:
- Medical bills
- Lost wages
- Property damage
- No states cap these.
2. Non-Economic Damages
- Covers pain, suffering, emotional distress, loss of enjoyment of life, etc.
- Many states cap these, especially in medical malpractice or wrongful death cases.
3. Punitive Damages
- Punishes the wrongdoer for reckless or intentional conduct.
- Often capped, sometimes tied to a multiple of compensatory damages (e.g. 3x economic + non-economic).
Purpose of Damage Caps:
- Prevent runaway jury verdicts
- Keep insurance and healthcare costs lower
- Encourage businesses and medical professionals to stay in the state
| State | Non-Economic Damage Cap Summary |
|---|---|
| Alabama | Punitive damages capped at 3x compensatory or $500,000 |
| Alaska | $400,000 cap or $8,000 x life expectancy; higher for severe injuries |
| Arizona | No cap |
| Arkansas | No cap |
| California | $250,000 in medical malpractice |
| Colorado | $468,010 in medical malpractice |
| Connecticut | No cap |
| Delaware | No cap |
| Florida | $500,000 in med mal; $1M for death/vegetative state |
| Georgia | $350,000 in medical malpractice |
| Hawaii | $375,000 in medical malpractice |
| Idaho | $250,000 adjusted annually |
| Illinois | No cap |
| Indiana | $1.8M total in medical malpractice |
| Iowa | No cap |
| Kansas | $325,000 in medical malpractice |
| Kentucky | No cap |
| Louisiana | $500,000 in medical malpractice |
| Maine | $500,000 in wrongful death |
| Maryland | $860,000 in med mal |
| Massachusetts | $500,000 in medical malpractice |
| Michigan | $280,000; $500,000 for catastrophic injuries |
| Minnesota | No cap |
| Mississippi | $500,000 in medical malpractice |
| Missouri | $400,000 med mal; $700,000 for catastrophic |
| Montana | $250,000 in medical malpractice |
| Nebraska | $2.25M total in medical malpractice |
| Nevada | $350,000 in medical malpractice |
| New Hampshire | No cap |
| New Jersey | No cap |
| New Mexico | $600,000 in medical malpractice |
| New York | No cap |
| North Carolina | $500,000 in medical malpractice |
| North Dakota | $500,000 in medical malpractice |
| Ohio | $250,000 or 3x economic, max $350,000 |
| Oklahoma | $350,000 in medical malpractice |
| Oregon | $500,000 in wrongful death |
| Pennsylvania | No cap |
| Rhode Island | No cap |
| South Carolina | $350,000 in medical malpractice |
| South Dakota | $500,000 in medical malpractice |
| Tennessee | $750,000; $1M for catastrophic injuries |
| Texas | $250,000/provider; $500,000 total in med mal |
| Utah | $450,000 in medical malpractice |
| Vermont | No cap |
| Virginia | $2.45M in medical malpractice (increases annually) |
| Washington | No cap |
| West Virginia | $250,000; $500,000 for catastrophic injuries |
| Wisconsin | $750,000 in medical malpractice |
| Wyoming | No cap |
Example of Damage Caps in a Personal Injury Case
Example: How Damage Caps Work
Scenario:
- A person sues after a serious accident.
- The jury awards:
- $300,000 in economic damages
- $1,000,000 in non-economic damages (pain and suffering)
- $1,500,000 in punitive damages (for reckless behavior)
But the state has caps:
- Non-economic damages capped at $250,000
- Punitive damages capped at 1x total compensatory ($300,000 + $250,000 = $550,000)
Final payout:
- $300,000 economic
- $250,000 non-economic (capped)
- $550,000 punitive (capped)
- Total: $1.1 million instead of $2.8 million
Caps as of 2025
States with No Caps on Non-Economic Damages
These states do not impose statutory limits on non-economic damages in personal injury or medical malpractice cases:
- Arizona
- Arkansas
- Connecticut
- Delaware
- District of Columbia
- Illinois
- Iowa
- Kentucky
- Minnesota
- New Hampshire
- New Jersey
- New York
- Pennsylvania
- Rhode Island
- Vermont
- Washington
- Wyoming
States with Caps on Non-Economic Damages
These states have statutory caps on non-economic damages, which may vary based on the type of case:
- Alabama: Punitive damages capped at 3x compensatory damages or $500,000, whichever is greater.
- Alaska: $400,000 cap or $8,000 multiplied by life expectancy; higher cap for severe injuries.
- California: $250,000 cap in medical malpractice cases.
- Colorado: $468,010 cap in medical malpractice cases.
- Florida: $500,000 cap in medical malpractice cases; $1 million if death or vegetative state occurs.
- Georgia: $350,000 cap in medical malpractice cases.
- Hawaii: $375,000 cap in medical malpractice cases.
- Idaho: $250,000 cap, adjusted annually for inflation.
- Indiana: $1.8 million total cap in medical malpractice cases.
- Kansas: $325,000 cap in medical malpractice cases.
- Louisiana: $500,000 cap in medical malpractice cases.
- Maine: $500,000 cap in wrongful death cases.
- Maryland: $860,000 cap in medical malpractice cases.
- Massachusetts: $500,000 cap in medical malpractice cases.
- Michigan: $280,000 cap; $500,000 for catastrophic injuries.
- Mississippi: $500,000 cap in medical malpractice cases.
- Missouri: $400,000 cap in medical malpractice cases; $700,000 for catastrophic injuries.
- Montana: $250,000 cap in medical malpractice cases.
- Nebraska: $2.25 million total cap in medical malpractice cases.
- Nevada: $350,000 cap in medical malpractice cases.
- New Mexico: $600,000 cap in medical malpractice cases.
- North Carolina: $500,000 cap in medical malpractice cases.
- North Dakota: $500,000 cap in medical malpractice cases.
- Ohio: $250,000 cap or 3x economic damages, up to $350,000 per plaintiff.
- Oklahoma: $350,000 cap in medical malpractice cases.
- Oregon: $500,000 cap in wrongful death cases.
- South Carolina: $350,000 cap in medical malpractice cases.
- South Dakota: $500,000 cap in medical malpractice cases.
- Tennessee: $750,000 cap; $1 million for catastrophic injuries.
- Texas: $250,000 cap per provider; $500,000 total cap in medical malpractice cases.
- Utah: $450,000 cap in medical malpractice cases.
- Virginia: $2.45 million cap in medical malpractice cases, increasing annually.
- West Virginia: $250,000 cap; $500,000 for catastrophic injuries.
- Wisconsin: $750,000 cap in medical malpractice cases.
Criticism:
- May unfairly limit compensation for severely injured victims
- Especially harmful in cases involving children, elderly, or unemployed (who may have low economic losses but high suffering