Damage Caps by State: Personal Injury and Medical Malpractice Claims

In the realm of personal injury and medical malpractice cases, damage caps are statutory limits placed on the amount of compensation that a claimant can be awarded for certain types of damages. These damage caps vary significantly by state, with some states imposing strict damage caps, while others have higher caps or no caps at all.

For instance, in state A, non-economic damages in personal injury cases may be capped at $500,000, whereas state B might not impose any cap, thereby allowing a jury to award as much as they see fit, based on the evidence presented. It is important to understand the specific damage caps that apply to your state to accurately assess the potential value of your claim.

Damage Caps By State

Below, you will find a list of all 50 states and the District of Columbia, along with their corresponding damage caps related to personal injury and medical malpractice claims, with links to the relevant state laws.

As of February 2024, nine states cap non-economic damages in personal injury cases:  Alaska, Colorado, Hawaii, Idaho, Maryland, Mississippi, Ohio, Oklahoma, and Tennessee. Damage caps on medical malpractice are much more common, with 26 states having caps on non-economic damages:  Alaska, California, Colorado, Hawaii, Idaho, Indiana, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wisconsin.

State Personal Injury Caps Medical Malpractice Caps
Alabama Compensatory Damages: No cap.
Punitive Damages (in actions involving physical injury): Greater of 3x compensatory damages or $500,000 (Ala. Code § 6-11- 21(a)).
Punitive Damages (in actions NOT involving physical injury): Greater of 3x compensatory damages or $1,500,000 (Ala. Code § 6-11-21(d)).
Wrongful Death: Denies recovery of compensatory damages (economic and non-economic damages) in wrongful death lawsuits. Only punitive damages are recoverable (Ala. Code § 6-11-21(j)).
No damage cap (Previous $400,000 cap on non-economic damages; declared unconstitutional by state court in Moore v. Mobile Infirmary Ass’n, 1991).
Alaska Punitive Damages: Greater of 3x compensatory damages or $500,000 (Alaska Stat. § 09.17.020(f)). 50% of any recoveries for punitive damages must be deposited into the state’s general fund. Alaska Stat. § 09.17.020(j).
Punitive Damages (if defendant was “motivated by financial gain and the adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant”): Greater of 4x compensatory damages, 4x the aggregate amount of financial gain that the defendant received as a result of the defendant’s misconduct, or $7,000,000 (Alaska Stat. § 09.17.020(g)).
Non-Economic Damages: Greater of $400,000 or the injury victim’s remaining life expectancy (in years) multiplied by $8,000 (Alaska Stat. § 09.17.010(b)). However, if the victim suffered “severe permanent physical impairment or severe disfigurement,” the cap is the greater of $1,000,000 or the injury victim’s remaining life expectancy (in years) multiplied by $25,000 (Alaska Stat. § 09.17.010(c)).
Collateral Benefits: Post-verdict reduction allowed for certain “amounts received or to be received by the claimant as compensation for the same injury from collateral sources that do not have a right of subrogation by law or contract” (Alaska Stat. § 09.17.070).
Economic Damages: No damage cap (Alaska Statutes 09.17.010).
Non-Economic Damages (including wrongful death or a disability considered more than 70% disabling): $400,000 cap.
Arizona Compensatory Damages: No cap (Article 2, Section 31 of the Arizona Constitution).
Punitive Damages: No cap.
Collateral Source Rule: Applies. The collateral source rule pertains to the exclusion of evidence related to payments made by a plaintiff, governmental entity, or third party for medical, hospital, or other expenses(Lopez v. Safeway Stores, Inc., 2006).
No damage cap.
Arkansas Compensatory Damages: No cap (Arkansas Constitution of 1874 Art. 5, § 32).
Punitive Damages: No cap.
Collateral Source Rule: Applies (Montgomery Ward & Co. v. Anderson, 1998).
No damage cap.
California Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (Howell v. Hamilton Meats & Provisions, Inc.).
Economic Damages: No damage cap.
Non-Economic Damages: $250,000 cap (California Code of Civil Procedure sections 340.4 and 340.5; Medical Injury Compensation Reform Act).
Colorado Economic Damages: No cap.
Non-Economic Damages: Originally $250,000 up to $500,000 if “clear and convincing evidence,” with inflation adjustments. As of January 1, 2022, those amount to $642,180 to $1,284,370, respectively (Colo. Rev. Stat. § 13- 21-102.5(3)(a)).
Punitive Damages: Cannot exceed compensatory damages (Colo. Rev. Stat. § 13-21-102(1)(a)).
Collateral Source: Post-verdict reduction allowed unless “a benefit paid as a result of a contract entered into and paid for by or on behalf of” the injury victim or their estate (Colo. Rev. Stat. § 13-21-111.6).
Total Damages: $1,000,000 cap.
Non-Economic Damages: $300,000 cap (Colorado Revised Statutes 13-80-102.5).
Connecticut Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Post-verdict reduction allowed (Conn. Gen. Stat. § 52-225a(a)-(b)).
No damage cap.
Delaware Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Allows for recovery of reasonable medical expenses (Onusko v. Kerr, 2005; Stayton v. DE Health Corp., et al, 2014)
No damage cap.
District of Columbia Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (Hardi v. Mezzanotte, 2003).
No damage cap.
Florida Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Courts reduce the award by from all collateral sources, except if a subrogation or reimbursement right exists, or they are paid by immediate family members.” (Fla. Stat. § 768.76(1)).
No damage cap (Previously were caps under Florida Statutes XLV.766.118).
Georgia Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (Candler Hosp. v. Dent, 1997).
No damage cap (Previously were caps under Ga. Code Ann. § 51-1-29.5; ruled unconstitutional under Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 2010).
Hawaii Compensatory Damages: No cap.
Punitive Damages: No cap.
Non-Economic Damages: $375,000 cap on pain and suffering unless certain elements exist, such as multiple at-fault parties, intentional acts of harm, or permanent disability.
Collateral Source: Allows for recovery of reasonable medical expenses (Bynum v. Magno, 2004).
Economic Damages: No damage cap.
Non-Economic Damages: $375,000 cap, unless multiple defendants (Hawaii Revised Statutes 663-8.7).
Idaho Punitive Damages: Greater of 3x compensatory damages or $250,000 (Idaho Code Ann. § 6-1604(3)).
Non-Economic Damages: $250,000 cap, adjusted annually for for inflation and the average annual wage. As of 2023, that amounts to $458,728.65 (Idaho Code Ann. § 6-1603(1)).
Collateral Source: Plaintiff may present evidence of incurred medical expenses, but damages are reduced by the amount actually paid by other sources they have no obligation under (e.g., Medicare, Medicaid). However, collateral sources excludes: federal programs with subrogation rights, life insurance death benefits, “benefits paid by a service corporation organized under chapter 34, title 41, Idaho Code”, and “benefits paid which are recoverable under subrogation rights created under Idaho law or by contract” (Idaho Code Ann. § 6-1606).
Economic Damages: No damage cap.
Non-Economic Damages: $250,000 cap, adjusted annually for for inflation and the average annual wage. As of 2023, that amounts to $458,728.65 (Idaho Code Ann. § 6-1603(1)).
Illinois Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (Wills v. Foster, 2008).
No cap (Previous $500,000 cap per healthcare provider and $1,000,0000 cap per healthcare facility; declared unconstitutional by state court in LeBron vs. Gottlieb Memorial Hospital, 2010).
Indiana Compensatory Damages: No cap.
Punitive Damages: Greater of 3x compensatory damages or $50,000 (Ind. Code § 34-51- 3-4).
Collateral Source: Courts allow admission of collateral source evidence other than: life insurance or death benefits, insurance benefits paid by the plaintiff or their family, or payments made by the state or federal government. Admissible evidence also includes proof of repayment obligations (e.g, worker’s comp benefits) related to the collateral benefits received; and, proof of costs incurred by the plaintiff or their family due to these collateral benefits. (Ind. Code § 34-44-1-2).
Total Damages: $1,800,000 cap for an act of malpractice that occurs after June 30, 2019 (with smaller amounts for prior periods) (Ind. Code § 34-18-14-3).
Iowa Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Courts permit evidence to past or future medical payments except to the extent that the past or future “right of payment is pursuant to a state or federal program or from assets of the claimant or the members of the claimant’s immediate family.” If that evidence is permitted, then “the court shall also permit evidence and argument as to the costs to the claimant of procuring the previous payments or future rights of payment and as to any existing rights of indemnification or subrogation relating to the previous payments or future rights of payment.” (Iowa Code Ann. § 668.14).
No damage cap.
Kansas Compensatory Damages: No cap.
Punitive Damages: Lesser of: the defendant’s highest gross annual income for the 5 years preceding the act (unless the court determines that is inadequate, then up to 50% of the defendant’s net worth); or, $5,000,000 (Kan. Stat. Ann. § 60-3702(e)).
Collateral Source: Follows the Restatement (Second) of Torts § 920A(2), which states that any payments or benefits received by the injured party from other sources are not considered as part of the tortfeasor’s liability. Thus, past and future medical costs can be claimed even if health insurance, for example, has paid or will likely pay those costs.
Total Damages: $350,000 cap for an act of malpractice that occurs after July 1, 2022 (with smaller amounts for prior periods) (SB311 K.S.A. § 60-19a02).
Kentucky Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (O’Bryan v. Hedgespeth, 1995).
No damage cap.
Louisiana Compensatory Damages: No cap.
Punitive Damages: Generally not allowed unless authorized by statute, such as in cases involving intoxicated driving (La. Civ. Code 2315.3), or when the defendant lives in a state that allows punitive damages (La. Civ. Code 3546).
Collateral Source Rule: Applies (Bozeman v. State, 2004).
Total Damages: $500,000 cap, plus cost of future medical expenses paid by the Patient’s Compensation Fund.
Maine Compensatory Damages: No cap.
Punitive Damages: No cap.
Wrongful Death: $750,000 cap (non-economic damages) and $500,000 cap (punitive damages) (18-C MRSA §2-807, sub-§2).
Collateral Source Rule: Applies (Werner v. Lane, 1978).
Wrongful Death: $750,000 cap (non-economic damages) and $500,000 cap (punitive damages).
Maryland Economic Damages: No cap.
Non-Economic Damages: $650,000 cap (increases by $15,000 on October 1 of each year). As of 2024, it amounts to $890,ooo (Md. Code, Cts. & Jud. Proc. § 11- 108).
Punitive Damages: No cap.
Collateral Source Rule: Applies (Corapcioglu v. Roosevelt, 2006)
Economic Damages: No damage cap.
Non-Economic Damages: $650,000 cap, increases by $15,000 on October 1 of each year. As of 2024, it amounts to $890,ooo (Md. Code, Cts. & Jud. Proc. § 11- 108).
Wrongful Death: 125% of non-economic damages (Md. Code Cts. & Jud. Proc. § 3-2A-09).
Massachusetts Compensatory Damages: No cap.
Punitive Damages: Only available if granted by statute. Sets a minimum punitive damage award of $5,000, but no maximum (Mass. Gen. Laws Ch. 229 § 2(3)).
Collateral Source Rule: Applies (Law v. Griffith, 2010).
Economic Damages: No damage cap.
Punitive Damages:  $500,000 cap, except if “substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstance” (General Law – Part III, Title II, Chapter 231, Section 60H).
Michigan Compensatory Damages: No cap.
Punitive Damages: Only available if granted by statute. Instead, Michigan awards exemplary damages to victims claiming the defendant acted with malice or willful disregard for their rights (e.g., humiliation, egregious harm) (Peisner v. Detroit Free Press, 1984).
Collateral Source: Formula for reducing amounts paid by collateral sources described in statute. The reduction cannot exceed the amount awarded for economic loss or the portion of award for damages paid or payable by a collateral source (Mich. Comp. Laws Ann. § 600.6303).
Economic Damages: No damage cap.
Non-Economic Damages: Lower cap $280,000; upper cap $500,000 for serious injuries set by statute (adjusted annually). As of 2023, $537,900 and $960,500, respectively (Mich. Comp. Laws § 600.1483).
Minnesota Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Allows a reduction except where a subrogation right has been asserted, with details in statute. (Minn. Stat. § 548.251).
No damage cap.
Mississippi Non-Economic Damages: $1,000,000 cap (Miss. Code Ann. § 11-1-60).
Punitive Damages: Calculation based on net worth of defendant (Miss. Code Ann. § 11-1-65(3)(a)).
Collateral Source Rule: Applies (Busick v. St. John, 2003).
Economic Damages: No damage cap.
Non-Economic Damages: $500,000 cap (Miss. Code Ann. § 11-1-60).
Missouri Compensatory Damages: No cap.
Punitive Damages: Prior cap found to be unconstitutional (Mo. Rev. Stat. § 510.265; Lewellen v. Franklin, 2014).
Collateral Source Rule: Applies (Porter v. Toys ‘R’ Us-Delaware, Inc., 2004).
Non-Economic Damages: Non-catastrophic injuries cap $400,000; catastrophic injuries cap $700,000 (adjusted 1.7% annually). As of 2024, $465,531 and $814,679, respectively (SB 239).
Montana Compensatory Damages: No cap.
Punitive Damages: Lesser of  $10 million or 3% of a defendant’s net worth (Montana Code § 27-1-221).
Collateral Source: Recovery reduced by amounts paid or payable from a collateral source that does not have a subrogation right (Mont. Code Ann. § 27-1-308).
Economic Damages: No damage cap.
Non-Economic Damages: $250,000 cap (Montana Code Annotated § 25-9-411).
Nebraska Compensatory Damages: No cap.
Punitive Damages: Unconstitutional (Miller v. Kingsley, 1975).
Collateral Source Rule: Applies, generally (Strasburg v. Union Pacific R.R. Co., 2013).
Total Damages: $2,250,000 cap (Neb. Rev. Stat. 44-2825).
Nevada Compensatory Damages: No cap.
Punitive Damages: $300,000 cap (if less than $100,000 in compensatory damages), or 3x compensatory damages (if $100,000 or more in compensatory damages) (Nev. Rev. Stat. § 42.005).
Collateral Source Rule: Applies, except in medical malpractice claims (Nev. Rev. Stat. § 42.021).
Economic Damages: No damage cap.
Non- Economic Damages: $350,000 cap (Nev. Rev. Stat. § 41A.035).
New Hampshire Compensatory Damages: No cap (Previous cap of $875,000 deemed unconstitutional) (Brannigan v. Usitalo, 1991).
Punitive Damages: Unavailable per statute (N.H. Rev. Stat. § 507:16).
Collateral Source Rule: Applies (Cyr v. J.I. Case Co., 1994).
No cap. (Previous cap of $875,000 deemed unconstitutional) (Brannigan v. Usitalo, 1991).
New Jersey Compensatory Damages: No cap.
Punitive Damages: Greater of 5x compensatory damages or $350,000 (N.J. Stat. § 2A:15-5.14), although cap does not apply in certain cases (e.g., drunk driving).
Collateral Source: Allows for a reduction in the award other than for workers’ compensation benefits or the proceeds from a life insurance policy, less any premium paid to an insurer (N.J. Stat. § 2A:15-97).
Total Damages: No damage cap.
Punitive Damages: Greater of 5x compensatory damages or $350,000 (N.J. Stat. § 2A:15-5.14).
New Mexico Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (Sunnyland Farms, Inc. v. Central N.M. Elec. Co-op., Inc., 2013).
Economic Damages: No damage cap.
Non-Economic Damages: $600,000 cap (Siebert v. Okun, 2021), $200,000 cap for healthcare providers with any additional paid by the Patient Compensation Fund (PCF).
New York Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Allows for a reduction in the award other except for life insurance and payments to which there is a statutory right of reimbursement.(CPLR §4545 A).
No damage cap.
North Carolina Compensatory Damages: No cap.
Punitive Damages: Greater of 3x compensatory damages or $250,000 (N.C. Gen. Stat. Ann. § 1D-25).
Collateral Source Rule: Applies (Cates v. Wilson, 1987).
Economic Damages: No damage cap.
Non-Economic Damages: $500,000, reset every 3 years based on inflation (N.C.G.S. § 90-21.19). As of January 1, 2023, that amounts to $656,730.
North Dakota Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Allows for court to reduce the award, though jury cannot be told (N.D.C.C. § 32-03.2-06).
Economic Damages: No damage cap.
Non-Economic Damages: $500,000 cap (N.D.C.C. § 32-42-02).
Ohio Non-Economic Damages: Greater of 3x economic damages or $250,000, with a maximum of $350,000 per plaintiff and $500,000 per occurrence for each case if more than one plaintiff (Oh. Rev. Code § 2315.18).
Punitive Damages: 2x compensatory damages. If defendant is a small business or individual, then less of 2x compensatory damages or 10% of net worth (Oh. Rev. Code § 2315.21).
Collateral Source: May introduce “except if the source of collateral benefits has a mandatory self-effectuating federal right of subrogation, a contractual right of subrogation, or a statutory right of subrogation or if the source pays the plaintiff a benefit that is in the form of a life insurance payment or a disability payment. However, evidence of the life insurance payment or disability payment may be introduced if the plaintiff’s employer paid for the life insurance or disability policy, and the employer is a defendant in the tort action” (Oh. Rev. Code § 2315.20).
Economic Damages: No damage cap.
Non-Economic Damages: Greater of 3x economic damages or $250,000, with a maximum of $350,000 per plaintiff and $500,000 per occurrence for each case if more than one plaintiff (Oh. Rev. Code § 2315.18).
Wrongful Death: No damage cap.
Oklahoma Economic Damages: No cap.
Non-Economic Damages: $350,000 cap, though cap is removed if conduct deemed grossly negligent, fraudulent, or intentional with malice (Oklahoma Statutes § 23-61.2).
Punitive Damages: Divided into 3 categories. Category I (acted reckless disregard): Greater of $100,000 or actual damages. Category II (acted intentionally and with malice): Greater of $500,000, 2x actual damages, or financial benefit derived. Category III (acted intentionally and with malice in conduct life-threatening to humans): no cap (Oklahoma Statutes. § 23-9.1).
Economic Damages: No damage cap.
Non-Economic Damages: $350,000 cap unless medical negligence is associated with wrongful death (Oklahoma Statutes § 23-61.2).
Oregon Compensatory Damages: No cap.
Punitive Damages: No cap, though payable 30% to prevailing party, 60% to the Attorney General for deposit in the Criminal Injuries Compensation Account of the Department of Justice Crime Victims’ Assistance Section, and 10% to the Attorney General for deposit in the State Court Facilities and Security Account (Or. Rev. Stat. § 31.735(1)).
Collateral Source: Court may deduct from the amount of damages awarded except for obligations of the estate, life insurance or other death benefits, insurance benefits where the plaintiff paid premiums, or retirement and disability benefits (Or. Rev. Stat. § 31.580).
Economic Damages: No damage cap.
Non-Economic Damages: No damage cap.
Wrongful Death: $500,00o cap (Or. Rev. Stat. § 31.710).
Pennsylvania Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Cannot reduce the damages that can be recovered (40 Pa. Stat. § 1303.508).
Compensatory Damages: No damage cap.
Punitive Damages: 200% of compensatory damages, unless intentional misconduct. Not less than $100,000 unless lower verdict amount is returned. 75% to plaintiff, 25% to Medical Care Availability and Reduction Error Fund (40 Pa. Stat. § 1303.505).
Rhode Island Compensatory Damages: No cap.
Punitive Damages: No cap, but unavailable in wrongful death actions (Simeone v. Charron, 2000).
Collateral Source Rule: Applies, except in medical malpractice (R.I. Gen. Laws § 9-19-34.1).
No damage cap.
South Carolina Compensatory Damages: No cap.
Punitive Damages: Greater of 3x compensatory damages to each claimant or $500,000. However, the cap can increase to the greater of 4x compensatory damages or $2,000,000 if the conduct: 1) was motivated by financial gain, had a high likelihood of injury, and was approved by agent/director/officer; or, 2) could lead to a felony conviction. Moreover, the cap can be removed if: 1) there was intent to harm, 2) the defendant pled guilty or was convicted of a felony for these actions, or 3) the defendant was under the influence of alcohol, drugs, or intoxicants (S.C. Code Ann. § 15-32-530).
Collateral Source Rule: Applies (Citizens & S. Nat’l Bank of S.C. v. Gregory, 1995).
Economic Damages: No damage cap.
Non-Economic Damages: $350,000 with a maximum of $1,050,000 for all defendants, adjusted annually for inflation. As of February 2023, that amounts to $546,869 and $1,637,608, respectively (S.C. Code § 15-32-220).
Punitive Damages: Greater of 3x actual damages or $500,000.
South Dakota Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (Papke v. Harbert, 2007).
Economic Damages: No damage cap.
Non-Economic Damages: $500,000 (South Dakota Codified Laws § 21-3-11).
Tennessee Economic Damages: No cap.
Non-Economic Damages: $750,000. If catastrophic injuries, raised to $1,000,000. Cap does not apply under certain actions, such as: 1) “defendant had a specific intent to inflict serious physical injury”; 2) “defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability”; 3) “defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant”; or, 4) “defendant’s act or omission results in the defendant being convicted of a felony” (Tenn. Code § 29-39-102).
Punitive Damages: Greater of 2x compensatory damages or $500,000 (T.C.A. § 29-39-104(a)(5)).
Collateral Source Rule: Applies, except in medical malpractice (Dedmon v. Steelman, 2017).
No damage cap.
Texas Compensatory Damages: No cap.
Punitive Damages: Greater of 2x economic damages plus non-economic damages found by the jury (not to exceed $750,000); or, $200,000 (Tex. Civ. Prac. & Remedies Code § 41.008).
Collateral Source Rule: Applies, but plaintiff cannot recover more than the actual expenses (Haygood v. De Escobedo, 2011).
Economic Damages: No damage cap.
Non-Economic Damages: $250,000 against healthcare providers, $250,000 per healthcare facility to a max of $500,000 (Texas Civil Practice and Remedies Code section 74.301).
Utah Compensatory Damages: No cap.
Punitive Damages: No cap, but first $50,000 to injured party, any subsequent amounts split equally between the state and injured party (Utah Code Ann. § 78B-8-201(3)(a)).
Collateral Source Rule: Applies, but payments are admissible in medical malpractice except where a right of subrogation exists (Utah Code Ann. § 78B-3-405).
Economic Damages: No damage cap.
Non-Economic Damages: $450,000 (Utah Code § 78B-3-410).
Wrongful Death: No cap.
Vermont Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (Windsor School Dist. v. State, 2008).
No damage cap.
Virginia Compensatory Damages: No cap.
Punitive Damages: $350,000 cap (Va. Code Ann. § 8.01-38.1).
Collateral Source Rule: Applies (Acuar v. Letourneau, 2000).
Total Damages: $2,000,000 with $50,000 increases annually. As of July 1, 2023, that amounts to $2,600,000 (Virginia Code § 8.01-581.15).
Washington Non-Economic Damages: No cap (Found to be unconstitutional in Sofie v. Fireboard Corp, 1989).
Punitive Damages: Not allowed in personal injury cases (Algaier v. Bank of America, N.A., 2015).
Collateral Source Rule: Applies (Johnson v. Weyerhaeuser Co., 1998).
No damage cap (Found to be unconstitutional in Sofie v. Fireboard Corp, 1989).
West Virginia Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source: Allows for court to reduce the award from jury’s verdict (W. Va. Code § 55-7B-9A).
Economic Damages: No damage cap.
Non-Economic Damages: $250,000 adjusted annually for inflation (max $375,0000; in catastrophic cases, $500,000 adjusted annually (max $750,000) (West Virginia Code § 55-7B-8).
Wisconsin Compensatory Damages: No cap.
Punitive Damages: Greater of 2x compensatory damages or $200,000, except cap does not apply for drunk driving (Wis. Stat. Ann. § 895.043).
Collateral Source Rule: Applies (Leitinger v. DBart, Inc., 2007).
Non-Economic Damages: $750,000 cap per occurrence regardless of the number of defendants (Wisconsin Statutes § 893.55).
Wyoming Compensatory Damages: No cap.
Punitive Damages: No cap.
Collateral Source Rule: Applies (American Bar Association)
No damage cap (Prohibited by Article 2, section 4 of the Wyoming State Constitution).

 

 

Types of Damages

Damages awarded in personal injury and medical malpractice cases generally fall into several categories, each designed to compensate or address different aspects of harm experienced by the claimant:

  • Compensatory Damages: These are intended to make the injured party whole again and can include both economic and non-economic damages.
    • Economic Damages (also known as special damages): Often calculable and tangible, these cover losses that have a specific dollar amount, such as medical bills, lost wages, and rehabilitation costs.
    • Non-Economic Damages (also known as general damages): More subjective in nature, these are intended to compensate for non-monetary aspects of harm such as pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive Damages: Unlike compensatory damages, punitive damages are aimed at punishing the defendant for particularly egregious behavior and to deter similar conduct in the future. Not all states allow for punitive damages in personal injury cases, and they are often capped when they are permitted.

Types of Damages in Personal Injury Cases and Damage Caps

The Collateral Source Rule

Another important legal principle in the context of damages is the “Collateral Source Rule”, which can affect the calculation and award of compensatory damages. This rule prevents the reduction of damages owed to a plaintiff by the amount already covered by the plaintiff’s insurance or other independent sources.

In other words, compensation received from a collateral source does not diminish the amount that the defendant must pay in damages. Understanding the interplay between awarded damages and the collateral source rule is crucial for an accurate assessment of the potential recovery in a personal injury or medical malpractice lawsuit.

Find Out More About Your Recovery Options

For comprehensive guidance and to explore your recovery options further in personal injury or medical malpractice cases, contact Thompson Law. Our team of experienced attorneys is dedicated to providing you with a clearer understanding of your state’s damage caps and helping you navigate the complexities of your potential claim for the compensation you deserve.No Win No Fee for Personal Injury Case - Damage Caps by State: Personal Injury and Medical Malpractice Claims

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Lawyers shake hands with clients who come to testify in the case of embezzlement from business partners who jointly invest in the business. The concept of hiring a lawyer for legal proceedings. Uber or Lyft Accident. Personal Injury Lawyer

Can a Personal Injury Lawyer Drop Your Case?

When a personal injury lawyer takes on your case, they commit to advocate on your behalf, navigating through legal complexities to seek justice and fair compensation for you. However, the

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Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.