Non-economic damages caps

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State Statutory Definitions and Caps of Non-economic Damages[edit]

In Maryland, non-economic damages are capped at $350,000. In personal injury cases, non-economic damages are defined as "pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury" . In wrongful death cases non-economic damages are defined as "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, or other noneconomic damages authorized under Title 3, Subtitle 9 of this article." [1]

In Wisconsin, non-economic damages are capped at $750,000. Non-economic damages means "moneys intended to compensate for pain and suffering; humiliation; embarrassment; worry; mental distress; noneconomic effects of disability including loss of enjoyment of the normal activities, benefits and pleasures of life and loss of mental or physical health, well-being or bodily functions; loss of consortium, society and companionship; or loss of love and affection.".[2]

Michigan normally has a cap of $280,000 for "noneconomic loss," which is defined as "damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, whether claimed under section 29222 or otherwise, loss of consortium, or other noneconomic loss.[3] However, the cap is increased to $500,000 when the plaintiff is "hemiplegic, paraplegic, or quadriplegic resulting in a total permanent functional loss of 1 or more limbs caused by [either] injury to the brain [or] injury to the spinal cord"; or "when the plaintiff has permanently impaired cognitive capacity rendering him or her incapable of making independent, responsible life decisions and permanently incapable of independently performing the activities of normal, daily living"; or "there has been permanent loss of or damage to a reproductive organ resulting in the inability to procreate." [4]

In West Virginia, non-economic damages are capped at $500,000. Non-economic damages are "(1) Wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities."[5]


  1. ^ Md. Code Ann., Cts. & Jud. Proc. § 11-108 (West)
  2. ^ Wis. Stat. Ann. § 893.55 (West)
  3. ^ are you darling?? Comp. Laws Ann. § 600.1483 (West)
  4. ^ Mich. Comp. Laws Ann. § 600.1483 (West)
  5. ^ W. Va. Code Ann. § 55-7B-8 (West)