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STATE

STATUTORY CITATION

PROVISIONS

Alabama

Ala. Code § 6-5-544

In no action against a health care provider for medical malpractice shall the amount of recovery for noneconomic losses, including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other lawful dependents or any of them together exceed the sum of $400,000.

Alaska

Alaska Stat. § 9.17.010

Noneconomic damages may not exceed the greater of $400,000 or injured person's life expectancy multiplied by $8,000. In personal injury cases involving severe permanent injuries, the limit is increased to the greater of $1 million or injured person's life expectancy multiplied by $25,000.

Alaska Stat. § 9.55.549

Noneconomic damages for personal injury or death based on the provision of services by a health care provider may only be awarded not to exceed $ 250,000 regardless of the number of health care providers against whom the claim is asserted or the number of separate claims or causes of action brought with respect to the injury. The limitation on noneconomic damages does not apply if the damages resulted from an act or omission that constitutes reckless or intentional misconduct.

California

Cal. Civ. Code Ann. § 3333.2

Limits noneconomic damages in medical malpractice cases to $250,000.

Colorado

Colo. Rev. Stat. § 13-21-102.5

In any civil action other than medical malpractice actions in which damages for noneconomic loss or injury may be awarded, the total of such damages shall not exceed the sum of two hundred fifty thousand dollars, unless the court finds justification by clear and convincing evidence therefor. In no case shall the amount of noneconomic loss or injury damages exceed five hundred thousand dollars.

Colo. Rev. Stat. § 13-64-302

In any claim for breach of contract, damages for noneconomic loss or injury or for derivative noneconomic loss or injury are recoverable only if the recovery for such damages is specifically authorized in the contract that is the subject of the claim; or in any first-party claim brought against an insurer for breach of an insurance contract, the plaintiff demonstrates by clear and convincing evidence that the defendant committed willful and wanton breach of contract.

Limits noneconomic damages in a medical malpractice case to $300,000. If, upon good cause shown, the court determines that the present value of past and future economic damages would exceed such limitation and that the application of such limitation would be unfair, the court may award in excess of the limitation the present value of additional past and future economic damages only.

Florida

Fla. Stat. § 766.118

Establishes limitations on recoverable noneconomic damages in medical malpractice cases. This statutory limitation applies only to medical malpractice cases with the actual dollar limits further delineated according to whether the claim is brought against a medical practitioner ($500,000 or $1 million if resulting in death or permanent vegetative state), nonpractitioner ($750,000 or $1.5 million if resulting in death or permanent vegetative state), emergency services practitioner ($150,000 or $300,0000 total for all claimants), or emergency services nonpractitioner ($750,000 or 1.5 million for all claimants).

Georgia

Ga. Code Ann. § 51-13-1

Limits noneconomic damages in a medical malpractice action to $350,000 per healthcare provider.

Hawaii

Haw. Rev. Stat. § 663-8.7

Limits damages for pain and suffering to $375,000. Does not apply to Intentional torts; Torts relating to environmental pollution; Toxic and asbestos-related torts; Torts relating to aircraft accidents; Strict and products liability torts; or Torts relating to motor vehicle accidents with some exceptions.

Not applicable to mental anguish, disfigurement, loss of enjoyment of life, loss of consortium or other forms of noneconomic damages.

Idaho

Idaho Code § 6-1603

Limits noneconomic damages involving personal injury to $250,000 with adjustments based on the state's average annual wage adjustments.

Not applicable to cases involving willful or reckless misconduct or acts that would constitute a felony.

Illinois

735 Ill. Comp. Stat. 5/2-1706.5

Limits noneconomic damages in medical malpractice actions to $1 million per hospital and $500,000 per physician.

Indiana

Ind. Code § 34-18-14-3

Limits the total amount recoverable in medical liability cases to $1,250,000. Requires any amount awarded in excess of $250,000 to be paid from the Patient's Compensation Fund. The statute does not differentiate between economic and noneconomic damages.

Iowa

Iowa Code § 613.20

In an action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover noneconomic losses including, but not limited to, pain and suffering if the injured person was the operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian and the person's injuries were proximately caused by the person's commission of any felony, or immediate flight therefrom, and the injured person was duly convicted of that felony.

Kansas

Kan. Stat. Ann. §§ 60-19a01, 60-19a02

In any personal injury action, the total amount recoverable by each party from all defendants for all claims for pain and suffering shall not exceed a sum total of $250,000 and the amount for noneconomic damages shall not exceed $250,000.

Louisiana

La. Rev. Stat. Ann. § 40:1299.42

Limits the total amount recoverable in medical malpractice cases to $500,000 plus interest and costs. Requires any amount awarded in excess of $100,000 to be paid from the Patient's Compensation Fund. The statute does not differentiate between economic and noneconomic damages.

Maine

24-A Me. Rev. Stat. Ann. § 4313

Limits noneconomic damages against a carrier of a health plan to $400,000.

Maryland

Md. Ct. & Jud. P. Code Ann. § 11-108

In any action for damages for personal injury or wrongful death in which the cause of action arises on or after October 1, 1994, an award for noneconomic damages may not exceed $ 500,000. The limitation on noneconomic damages shall increase by $ 15,000 on October 1 of each year beginning on October 1, 1995. The increased amount shall apply to causes of action arising between October 1 of that year and September 30 of the following year, inclusive. In a wrongful death action in which there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the limitation, regardless of the number of claimants or beneficiaries who share in the award.

Massachusetts

Mass. Gen. Laws ch. 231, § 60H

The plaintiff shall not be awarded more than five hundred thousand dollars for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.

Michigan

Mich. Comp. Laws § 600.1483

Limits noneconomic damages to $280,000 in medical malpractice cases.

The limit is increased to $500,000 for specified types of permanently disabling injuries.

Mississippi

Miss. Code Ann. § 11-1-60

In any cause of action filed for injury based on malpractice or breach of standard of care against a provider of health care, the award to the plaintiff shall not be more than Five Hundred Thousand Dollars ($ 500,000.00) for noneconomic damages. In any other action the plaintiff shall not be awarded more than One Million Dollars ($ 1,000,000.00) for noneconomic damages.

Missouri

Mo. Rev. Stat. § 538.210

In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, no plaintiff shall recover more than three hundred fifty thousand dollars for noneconomic damages irrespective of the number of defendants.

Montana

Mont. Code Ann. § 25-9-411

In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed $ 250,000.

Nebraska

Neb. Rev. Stat. § 44-2825

The total amount recoverable under the Nebraska Hospital-Medical Liability Act from any and all health care providers and the Excess Liability Fund for any occurrence resulting in any injury or death of a patient may not exceed one million seven hundred fifty thousand dollars for any occurrence. A health care provider qualified under the act shall not be liable to any patient or his or her representative who is covered by the act for an amount in excess of five hundred thousand dollars for all claims or causes of action arising from any occurrence during the period that the act is effective with reference to such patient. Subject to the overall limits from all sources as provided in this section, any amount due from a judgment or settlement which is in excess of the total liability of all liable health care providers shall be paid from the Excess Liability Fund. Statute does not differentiate between economic and noneconomic damages.

New Hampshire

N.H. Rev. Stat. Ann. § 507-C:7

Compensation for non-economic losses shall in no event exceed the sum of $250,000.

Carson v. Maurer, 424 A.2d 825 (N.H. 1980)

NOTE: The New Hampshire Supreme Court found the statute unconstitutional.

Brannigan v. Usitalso, 587 A.2d 1232 (N.H. 1980)

New Jersey

N.J. Stat. Ann. § 17:30D-27

Unless otherwise agreed to by the parties, in any judgment resulting from a medical malpractice action in which the noneconomic damages exceed $ 1,000,000, the court shall enter a judgment ordering that 50% of the noneconomic damages be paid immediately. The remaining 50% of the judgment shall be paid over 60 months in the form of a structured payment agreement.

New Mexico

N.M. Stat. Ann. § 41-5-6

Except for punitive damages and medical care and related benefits, the aggregate dollar amount recoverable by all persons for or arising from any injury or death to a patient as a result of malpractice shall not exceed six hundred thousand dollars ($ 600,000) per occurrence. A health care provider's personal liability is limited to two hundred thousand dollars ($ 200,000) for monetary damages and medical care and related benefits. Any amount due from a judgment or settlement in excess of two hundred thousand dollars ($ 200,000) shall be paid from the patient's compensation fund. Statute does not differentiate between economic and noneconomic damages.

North Dakota

N.D. Cent. Code § 32-42-02

With respect to a health care malpractice action or claim, the total amount of compensation that may be awarded to a claimant or members of the claimant's family for noneconomic damage resulting from an injury alleged under the action or claim may not exceed five hundred thousand dollars.

Ohio

Ohio Rev. Code Ann. § 2315.18

Damages for noneconomic losses that are recoverable in a tort action for injury or loss to person or property shall not exceed the greater of two hundred fifty thousand dollars or an amount that is equal to three times the economic loss, as determined by the trier of fact, of the plaintiff in that tort action to a maximum of three hundred fifty thousand dollars for each plaintiff in that tort action or a maximum of five hundred thousand dollars for each occurrence that is the basis of that tort action. There shall not be any limitation on the amount of damages for noneconomic loss for either permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system; or permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.

Ohio Rev. Code Ann. § 2323.43

The noneconomic loss that is recoverable in a medical malpractice action shall not exceed the greater of two hundred fifty thousand dollars or an amount that is equal to three times the plaintiff's economic loss, as determined by the trier of fact, to a maximum of three hundred fifty thousand dollars for each plaintiff or a maximum of five hundred thousand dollars for each occurrence. The amount recoverable for noneconomic loss in a medical malpractice action may exceed the limit but shall not exceed five hundred thousand dollars for each plaintiff or one million dollars for each occurrence if the noneconomic losses of the plaintiff are for either of the following: (a) Permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system; (b) Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life sustaining activities.

Oklahoma

Okla. Stat. tit. 63, §§ 1-1708.1F, 1-1708.1F-1

In any medical liability action in which the health care services at issue were provided for pregnancy or labor and delivery, including the immediate post-partum period; or emergency care in the emergency room of a hospital or as follow-up to the emergency care services provided in the emergency room; the amount of noneconomic damages awarded shall not exceed Three Hundred Thousand Dollars. Where the judge finds by clear and convincing evidence that the defendant committed negligence in one of these types of cases, the court shall articulate its findings into the record out of the presence of the jury and shall lift the noneconomic damage cap. If nine or more members of the jury find by clear and convincing evidence that the defendant committed negligence or if nine or more members of the jury find by a preponderance of the evidence that the conduct of the defendant was willful or wanton, the limits on noneconomic damages shall not apply.

Oregon

Or. Rev. Stat. Ann. § 31.710

In any civil action seeking damages arising out of bodily injury, including emotional injury or distress, death or property damage of any one person including claims for loss of care, comfort, companionship and society and loss of consortium, the amount awarded for noneconomic damages shall not exceed $ 500,000.

Lakin v. Senco Products, Inc., 987 P.2d 463 (Or. 1999).

Limitation on amount of noneconomic damages recoverable under common law cause of action denies plaintiff full effect of constitutional right to trial by jury.

Greist v. Phillips, 906 P2d 789 (Or. 1995)

Limitation on amount of noneconomic damages recoverable under purely statutory cause of action does not deprive plaintiff of substantial remedy, discriminate by class, deny right to jury or re-examine facts determined by jury.

South Carolina

S.C. Code Ann. § 15-32-220

In an action on a medical malpractice claim when final judgment is rendered against a single health care provider or a single health care institution, the limit of civil liability for noneconomic damages is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, regardless of the number of separate causes of action on which the claim is based. In an action on a medical malpractice claim when final judgment is rendered against more than one health care institution, or more than one health care provider, or any combination thereof, the limit of civil liability for noneconomic damages for each health care institution and each health care provider is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to an amount not to exceed one million fifty thousand dollars for each claimant. The limitations for noneconomic damages rendered against any health care provider or health care institution do not apply if the jury or court determines that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant.

South Dakota

S.D. Codified Laws § 21-3-11

Limits total general damages to $500,000. Applicable only to medical malpractice cases.

Texas

Tex. Civ. Prac. & Rem. Code § 74.301

Limits noneconomic damages for health care providers to $250,000 and $500,000 for cases with more than one health care provider.

In an action on a medical malpractice claim when final judgment is rendered against a single health care provider or a single health care institution, the limit of civil liability for noneconomic damages is limited to an amount not to exceed $250,000 for each claimant, regardless of the number of separate causes of action on which the claim is based. In an action on a medical malpractice claim when final judgment is rendered against more than one health care institution, or more than one health care provider, or any combination thereof, the limit of civil liability for noneconomic damages for each health care institution and each health care provider is limited to an amount not to exceed $250,000 for each claimant, and the limit of civil liability for noneconomic damages for all health care institutions and health care providers is limited to $500,000 for each claimant.

Utah

Utah Code Ann. § 78-14-7.1

Limits noneconomic damages in medical malpractice cases to $250,000 (for actions before arising 7/1/01), $400,000 for actions arising between 7/1/01 and 7/1/02, and adjusted for inflation after 7/1/02.

Virginia

Va. Code Ann. § 8.01-581.15

In an action for malpractice where the act or acts of malpractice occurred on or after August 1, 1999, the total amount recoverable for any injury to, or death of, a patient shall not exceed $ 1.5 million. The maximum recovery limit of $ 1.5 million shall increase on July 1, 2000, and each July 1 thereafter by $ 50,000 per year; however, the annual increase on July 1, 2007, and the annual increase on July 1, 2008, shall be $ 75,000 per year. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase. The July 1, 2008, increase shall be the final annual increase. The statute does not differentiate between economic and noneconomic damages.

Washington

Wash. Rev. Code § 4.56.250

In no action seeking damages for personal injury or death may a claimant recover a judgment for noneconomic damages exceeding an amount determined by multiplying 0.43 by the average annual wage and by the life expectancy of the person incurring noneconomic damages, as the life expectancy is determined by the life expectancy tables adopted by the insurance commissioner. For purposes of determining the maximum amount allowable for noneconomic damages, a claimant's life expectancy shall not be less than fifteen years.

Sofie v. Fibreboard Corp., 771 P.2d 711 (Wash. 1989)

The limit on noneconomic damages in Wash. Rev. Code § 4.56.250 is unconstitutional. This damages limit, then, is no longer operative.

West Virginia

W. Va. Code § 55-7B-8

In any professional liability action brought against a health care provider pursuant to this article, the maximum amount recoverable as compensatory damages for noneconomic loss shall not exceed two hundred fifty thousand dollars per occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributes. The plaintiff may recover compensatory damages for noneconomic loss in excess of the limitation, but not in excess of five hundred thousand dollars for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, where the damages for noneconomic losses suffered by the plaintiff were for: (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. On the first of January, two thousand four, and in each year thereafter, the limitation for compensatory damages shall increase to account for inflation by an amount equal to the consumer price index published by the United States Department of Labor, up to fifty percent of the amounts specified as a limitation of compensatory noneconomic damages.

Wisconsin

Wis. Stat. § 893.55

The total noneconomic damages recoverable for bodily injury, including any action or proceeding based on contribution or indemnification and any action for a claim by a person other than the injured person for noneconomic damages recoverable for bodily injury, may not exceed the limit under par. (d) ($750,000 after April 1, 2006) for each occurrence on or after April 6, 2006, from all health care providers and all employees of health care providers acting within the scope of their employment and providing health care services who are found negligent and from the injured patients and families compensation fund.

Wis. Stat. § 895.04

Judgment for damages for pecuniary injury from wrongful death may be awarded to any person entitled to bring a wrongful death action. Additional damages not to exceed 500,000 per occurrence in the case of a deceased minor, or 350,000 per occurrence in the case of a deceased adult, for loss of society and companionship may be awarded to the spouse, children or parents of the deceased, or to the siblings of the deceased, if the siblings were minors at the time of the death.