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Recoverable Personal Injury Damages & Caps by State (2018)

Each state has its own laws that govern the types of damages that may be recovered in personal injury lawsuits. Some states impose damages caps, which limit the amount of compensation a plaintiff may recover. On this page, we’ve outlined the types of damages recoverable in personal injury actions brought in each state, as well as the relevant damages caps.

 

Alabama

 

Economic Damages

Past and future medical bills
Past and future lost income
Loss of earning capacity
Property loss
Other objectively verifiable losses such as home care, vehicle and home modifications, alternative transportation, and child care

 

Non-Economic Damages

Pain and suffering
Loss of enjoyment in life
Loss of companionship, guidance, and consortium
Emotional distress

 

Punitive Damages

In Alabama, punitive damages may be awarded in certain wrongful death cases and in personal injury cases when the defendant acted deliberately or consciously with fraud, malice, oppression, or wantonness.

 

Personal Injury Damages Caps in Alabama

  • Punitive Damages: Punitive damages awards in Alabama cannot exceed $500,000 or three times the compensatory damages, whichever is greater. The damages cap increases to $1,500,000 if the plaintiff suffered a physical injury. For claims against small businesses, the cap is $50,000 or 10% of the business’s net worth.
  • Claims Against Municipalities: Recoveries against municipalities are capped at $100,000 per injured person and up to $300,000 per occurrence.

Authority
Alabama Code Title 6. Civil Practice § 6-11-21
Alabama Code Title 6. Civil Practice § 6-11-20

 

Alaska

 

Economic Damages

Medical bills
Lost wages
Lost earning capacity
Property damage
Other objectively verifiable losses such as home care, transportation, child care, and home and vehicle modifications

 

Non-Economic Damages

Pain and suffering
Physical impairment
Inconvenience
Loss of consortium
Loss of enjoyment of life
Amputation or disfigurement

 

Punitive Damages

Punitive damages may be awarded in Alabama personal injury claims wherein the defendant’s misconduct constituted malice or reckless indifference to the interest of the plaintiff.

 

Personal Injury Damages Caps in Alaska

  • Non-Economic Damages: $400,000 per claimant or $8,000 multiplied by the plaintiff’s life expectancy. For severe physical impairment or disfigurement, $1 million or $25,000 multiplied by the plaintiff’s life expectancy
  • Punitive Damages: $500,000 or three times the compensatory damages. If the defendant knew the consequences of his or her actions or was motivated by financial gain, the limit increases to $7 million or four times the compensatory damages.

Authority
AS 09.17.010
AS 09.17.020

 

Arizona

 

Economic Damages

Past and future healthcare expenses
Past and future loss of income
Lost earning capacity
Property repairs or replacement
Pain and suffering
Other objectively verifiable losses such as at-home care, alternative transportation, home modifications, and child care

 

Non-Economic Damages

Loss of life enjoyment
Pain and suffering

 

Punitive Damages

A plaintiff may be awarded punitive damages if the defendant intentionally harmed the plaintiff or acted with a willful and conscious disregard for the rights and safety of others. Punitive damages cannot be awarded against a public entity.

Authority
Ariz. Rev. Stat. Ann. § 12-820.04
Article 2 Section 31 of the Arizona Constitution

 

Arkansas

 

Economic Damages

Healthcare costs
Lost income
Loss of earning capacity
Property damage
Other objectively verifiable losses such as vehicle and home modifications, transportation, at-home care, and child care.

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Mental anguish
Loss of enjoyment of life
Pain and suffering

 

Punitive Damages

Punitive damages may be awarded if the defendant knowingly engaged in conduct that was likely to result in injury or damage and continued the conduct with malice or a reckless disregard for the consequences. Alternatively, punitive damages may be awarded if the defendant intentionally harmed the plaintiff.

Authority
Ark. Code Ann. § 16-55-206
Ark. Code Ann. § 16-55-208

 

California

 

Economic Damages

Medical costs
Lost wages
Loss of future earnings
Property repairs
Other objectively verifiable losses like home and vehicle modifications, alternative transportation, home care, and child care

 

Non-Economic Damages

Loss of consortium
Emotional distress
Loss of enjoyment of life
Pain & suffering

 

Punitive Damages

Plaintiffs in California may be awarded punitive damages if the defendant acted with malice, oppression, or fraud.

 

Personal Injury Damages Caps in California

  • Medical Malpractice: $250,000 cap on non-economic damages

Authority
California Civil Code Section 3294(a)
California Civil Code Section 3333.2(b)

 

Colorado

 

Economic Damages

Healthcare expenses
Loss of income
Lost earning capacity
Property repairs and replacement
Other objectively verifiable losses like home care, transportation, home modifications, and child care

 

Non-Economic Damages

Pain and suffering
Inconvenience
Anxiety and stress
Loss of consortium
Mental anguish
Loss of enjoyment of life

 

Punitive Damages

Punitive damages may be awarded if the defendant acted with malice, fraud, or willful and wanton misconduct.

 

Personal Injury Damages Caps in Colorado

  • Non-Economic Damages: In most cases, the cap for non-economic damages is $468,010. This increases to $936,030 if the court determines that the increase is warranted. The cap does not apply to permanent physical impairment.
  • Medical Malpractice: Non-economic damages are capped at $300,000, without exception. Total damages awards are capped at $1 million, with rare exceptions.
  • Wrongful Death: Damages for solace, grief, and loss of a loved one are capped at $436,070, but there is no cap in wrongful death claims involving felonious killing.
  • Claims Against Dram Shops: Damages are capped at $280,810
  • Punitive Damages: Cannot exceed the amount of actual damages awarded

Authority
CO Rev Stat § 13-21-102
CO Rev Stat § 13-21-203
CO Rev Stat § 13-64-202
CO Rev Stat § 13-64-302

 

Connecticut

 

Economic Damages

Medical expenses
Loss of wages
Loss of future earning capacity
Lost business opportunity
Loss of property
Other objectively verifiable losses like at-home care, alternative transportation, child care, and vehicle and home modifications

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Mental anguish
Loss of enjoyment of life

 

Punitive Damages

Punitive damages may be awarded in Connecticut if a civil lawsuit or defense was without probable cause, OR a suit was motivated by malicious intent to vex and trouble another person, OR the defendant acted with indifference to the rights of others, OR the defendant injured the plaintiff intentionally, OR the defendant’s conduct constituted a wanton violation of the plaintiff’s rights.

 

Personal Injury Damages Caps in Connecticut

  • Punitive Damages: Generally capped at the cost of litigation including attorneys’ fees

Authority
CGS § 52-568
CGS § 52-240

 

Delaware

 

Economic Damages

Healthcare bills
Lost income and benefits
Loss of earning capacity
Damaged property
Other objectively verifiable losses like transportation, at-home care, home and vehicle modifications, and child care

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Emotional anguish
Scarring or disfigurement
Anxiety or depression
Disability
Loss of enjoyment in life

 

Punitive Damages

In Delaware, the plaintiff may be awarded punitive damages if the defendant acted with spite, hatred, malice, a conscious desire to cause injury, willful or outrageous conduct, intent, or reckless indifference to other people’s rights.

Authority
Del. Code Ann. 18 § 6855

 

Florida

 

Economic Damages

Medical bills
Loss of income and benefits
Loss of future earnings
Property damage
Other objectively verifiable losses: home care, alternative transportation, home modifications, child care, etc.

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Emotional distress
Loss of enjoyment in life

 

Punitive Damages

Punitive damages may be awarded in Florida if the defendant’s conduct constituted gross negligence or intentional malice.

 

Personal Injury Damages Caps in Florida

  • Punitive Damages: $500,000 or three times the compensatory damages, whichever is greater. If the defendant was motivated by financial gain, the cap increases to $2 million or four times the compensatory damages. If the defendant acted with intent to harm, there is no punitive damages cap.
  • Medical Malpractice: Punitive damages capped at $500,000 for lawsuits against practitioners. The cap increases to $750,000 for lawsuits against non-practitioners. There are a number of exceptions to these caps.

Authority
Florida Statute 768
Florida Statute 766

 

Georgia

Economic Damages

Past and future healthcare costs
Lost income
Lost earning capacity
Property repairs
Other objectively verifiable losses: transportation, home care, vehicle and home modifications, child care, etc.

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Emotional distress
Loss of enjoyment in life

 

Punitive Damages

Punitive damages may be awarded in Georgia if the defendant is found to have acted with willful misconduct, fraud, oppression, wantonness, malice, or conscious indifference to consequences.

Authority
Ga. Code Ann. § 51-12-5.1

 

Hawaii

 

Economic Damages

Past and future medical costs
Lost wages
Loss of future earning capacity
Property repairs and replacement
Other objectively verifiable losses: at-home care, alternative transportation, home and vehicle modifications, child care, etc.

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Mental anguish
Disfigurement
Loss of enjoyment in life

 

Punitive Damages

Available in Hawaii if the defendant’s conduct was wanton, malicious, or oppressive, implying indifferent or harmful spirit, or willful misconduct demonstrating conscious indifference

 

Personal Injury Damages Caps in Hawaii

  • Medical Malpractice: Non-economic damages capped at $375,000, with exceptions including mental anguish

Authority
HRS § 663-8.7

 

Idaho

 

Economic Damages

Past and future healthcare expenses
Loss of income
Loss of earning capacity
Loss of property
Other objectively verifiable losses: transportation, at-home care, home modifications, child care, etc.

 

Non-Economic Damages

Physical and mental pain and suffering
Loss of consortium
Physical impairment
Mental anguish
Loss of enjoyment in life
Disfigurement

 

Punitive Damages

Available in Idaho if the defendant acted with malice, fraud, oppression, or outrageous conduct

 

Personal Injury Damages Caps in Idaho

  • Punitive Damages: Capped at $250,000 or three times the compensatory damages, whichever is greater
  • Non-Economic Damages: Capped at $250,000

Authority
Idaho Code § 6-1603
Idaho Code § 6-1604

 

Illinois

 

Economic Damages

Past and future medical expenses
Loss of wages
Loss of future earnings
Damaged property
Other objectively calculable losses such as home care, alternative transportation, vehicle and home modifications, and child care

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Emotional distress
Loss of life enjoyment

 

Punitive Damages

Might be awarded in Illinois if the defendant acted with wanton and willful or outrageous conduct, or acted with deliberate violence, gross negligence, actual malice, or fraud

Authority
735 ILCS 5/2-1115.05

 

Indiana

 

Economic Damages

Past and future healthcare bills
Lost income and benefits
Lost earning capacity
Property damage
Other objectively calculable losses such as transportation, home care, child care, and home and vehicle modifications

 

Non-Economic Damages

Pain and suffering
Scarring
Permanent disability
Disfigurement
Loss of consortium
Mental anguish
Loss of life enjoyment
Effects of injury on relationships

 

Punitive Damages

Recoverable in Indiana if defendant acted with malice, fraud, or oppressiveness

 

Personal Injury Damages Caps in Indiana

  • Medical Malpractice: Damages capped at $1.65 million (will raise to $1.8 million in 2019)
  • Claims Against Government Entities: Capped at $5 million for a single incident, $700,000 per injured person
  • Punitive Damages: $50,000 or three times the compensatory award, whichever is greater

Authority
Indiana Code § 34-51-3-4
Indiana Code § 34-51-2-1
Indiana Code § 34-18-14-3

 

Iowa

 

Economic Damages

Past and future medical bills
Loss of income and benefits
Loss of future earning capacity
Property repairs
Other objectively calculable losses such as at-home care, alternative transportation, home modifications, and child care

 

Non-Economic Damages

Pain and suffering
Loss of consortium
Mental anguish
Loss of life enjoyment
Loss of function of body and mind

 

Punitive Damages

Available in Iowa if defendant acted with wanton and willful disregard for the rights of another with the intent to cause injury

Authority
Iowa Code § 668A.1
Iowa Code § 624.18

 

Kansas

 

Economic Damages

Healthcare costs (past and future)
Lost income
Loss of earning capacity
Property repairs and replacement
Other objectively calculable losses such as transportation, at-home care, vehicle and home modifications, and child care

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Mental anguish
Loss of enjoyment of life

 

Punitive Damages

May be available in Kansas if defendant’s misconduct was willful, wanton, fraudulent, or malicious

 

Personal Injury Damages Caps in Kansas

  • Non-Economic Damages: Capped at $300,000 (increases to $325,000 in 2018 and to $350,000 in 2022)
  • Punitive Damages: $5 million or an amount equal to the defendant’s annual gross income, whichever is less

Authority
Kan. Stat. Ann. § 60-3701

 

Kentucky

 

Economic Damages

Medical costs (past and future)
Lost wages
Loss of future earnings
Loss of property
Other objectively calculable damages: at-home care, alternative transportation, child care, home modifications, etc.

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Emotional anguish
Loss of enjoyment of life

 

Punitive Damages

May be recoverable in Kentucky if defendant’s conduct was oppressive, fraudulent, or malicious

Authority
KRS Ann. § 411.184
KRS Ann. § 411.182
Ky. Const. § 54

 

Louisiana

 

Economic Damages

Healthcare expenses (past and future)
Loss of income
Lost earning capacity
Damaged property
Other objectively calculable losses like home care, alternative transportation, home and vehicle modifications, and child care

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Mental anguish
Disability
Loss of enjoyment of life

 

Punitive Damages

May be awarded in Louisiana if the defendant acted willfully and recklessly or maliciously

 

Personal Injury Damages Caps in Louisiana

  • Medical Malpractice: Total damages are capped at $500,000, not including future medical expenses

Authority
LRS Ann. § 32:866

 

Maine

 

Economic Damages

Medical expenses (past and future)
Loss of wages
Loss of future earning capacity
Property damage
Other objectively calculable losses like home care, transportation, home modifications, and child care

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Mental anguish
Loss of enjoyment of life

 

Punitive Damages

May be available in Maine if defendant’s conduct involved either express or implied malice

 

Personal Injury Damages Caps in Maine

  • Wrongful Death: Punitive damages capped at $250,000, compensatory damages capped at $500,000

Authority
MRS tit. 18 § 2-804

 

Maryland

 

Economic Damages

Healthcare bills (past and future)
Lost income and benefits
Loss of earning capacity
Property repairs
Other objectively calculable losses like vehicle and home modifications, alternative transportation, at-home care, and child care

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Mental anguish
Disfigurement
Humiliation
Loss of enjoyment in life

Punitive Damages

Punitive damages may be awarded in Maryland if the defendant acted with intent to injure, fraud, or evil motive

 

Personal Injury Damages Caps in Maryland

  • Non-Economic Damages: Capped at $845,000, except in wrongful death cases involving two or more deaths, for which the cap is $1,267,500
  • Survival Actions: Capped at $830,000
  • **Caps adjust annually according to inflation

Authority
Md. Code, Courts and Judicial Proceedings § 3-2A-09
Md. Code, Courts and Judicial Proceedings § 11-109

 

Massachusetts

 

Economic Damages

Medical bills (past and future)
Loss of income and benefits
Loss of future earnings
Property repairs and replacement
Other objectively calculable losses like at-home care, transportation, home and vehicle modifications, and child care

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Emotional distress
Disfigurement
Loss of enjoyment in life

 

Punitive Damages

Punitive damages may be recoverable in Massachusetts if the defendant acted with malice, gross negligence, or willful or reckless conduct

 

Personal Injury Damages Caps in Massachusetts

  • Medical Malpractice: $500,000 cap on non-economic damages unless the plaintiff sustained permanent or substantial loss of bodily function or significant disfigurement. Other exceptions apply.

Authority
Massachusetts G.L. ch. 231 § 60H

 

Michigan

 

Economic Damages

Healthcare costs
Lost income and benefits
Loss of earning capacity
Property repairs
Other objectively calculable losses: home care, child care, home modifications, alternative transportation, etc.

 

Non-Economic Damages

Pain and suffering
Disfigurement and scarring
Loss of companionship or consortium
Mental anguish
Loss of enjoyment in life

 

Punitive Damages

Michigan law distinguishes between punitive and exemplary damages. Exemplary damages may be awarded if the defendant acted with malice or willful disregard for the plaintiff’s rights. Punitive damages may be awarded if the defendant acted with malicious, egregious, or despicable behavior.

 

Personal Injury Damages Caps in Michigan

  • Medical Malpractice: Non-economic damages capped at $280,000 in most cases. Increases to $500,000 in certain cases involving severe and permanent injuries.
  • Product Liability: Non-economic damages capped at $280,000 in most cases. Increases to $500,000 in certain cases involving severe and permanent injuries or death.

 

Authority
MCL Ann. § 600.2946a
MCL Ann. § 600.1483

 

Minnesota

 

Economic Damages

Medical costs
Lost income
Loss of earning capacity
Property damage
Other objectively calculable losses: home care, transportation, vehicle and home modifications, child care, etc.

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Mental anguish
Humiliation
Loss of enjoyment in life

 

Punitive Damages

In Minnesota, punitive damages are available if the defendant acted with deliberate disregard for the rights of others, or with intentional disregard or knowledge that his or her actions had a high probability of causing injury

Authority
Minn. Stat. § 549.20

 

Mississippi

 

Economic Damages

Healthcare expenses
Lost wages
Loss of future earnings
Property repairs
Other objectively calculable losses: alternative transportation, at-home care, home and vehicle modifications, child care, etc.

 

Non-Economic Damages

Pain and suffering
Disfigurement
Physical impairment
Inconvenience
Emotional distress
Injury to reputation
Embarrassment
Loss of companionship or consortium
Mental anguish
Loss of life enjoyment

 

Punitive Damages

Recoverable in Mississippi if defendant’s conduct showed actual malice, fraud, or gross negligence evidencing wanton, willful, or reckless disregard

 

Personal Injury Damages Caps in Mississippi

  • Non-Economic Damages: Capped at $1 million. Cap reduces to $500,000 in medical malpractice cases.
  • Punitive Damages: Capped based on defendant’s net worth

Authority
Miss. Code Ann. § 11-1-65
Miss. Code Ann. § 11-1-60

 

Missouri

 

Economic Damages

Medical expenses
Loss of income
Lost earning capacity
Property repairs and replacement
Other objectively calculable losses: at-home care, transportation, child care, home modifications, etc.

 

Non-Economic Damages

Pain and suffering
Loss of companionship or consortium
Emotional distress
Loss of life enjoyment

 

Punitive Damages

Available in Missouri personal injury cases if defendant’s conduct was outrageous, demonstrating reckless indifference or evil motive

Authority
Mo. Ann. Stat. § 538.210.1

 

Montana

 

Economic Damages

Healthcare bills
Loss of wages
Loss of future earning capacity
Loss of property
Other objectively verifiable damages such as home care, alternative transportation, vehicle and home modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Loss of enjoyment of life

 

Punitive Damages

Might be recoverable in Montana if defendant had knowledge of or disregarded a high probability of causing an injury

 

Personal Injury Damages Caps in Montana

  • Medical Malpractice: $250,000 cap on non-economic damages
  • Punitive Damages: 3% of the defendant’s net worth, up to $10 million

Authority
Mont. Code Ann. § 27-1-220
Mont. Code Ann. § 25-9-411

 

Nebraska

 

Economic Damages

Medical bills
Lost income and benefits
Loss of earning capacity
Damaged property
Other objectively verifiable damages such as home care, transportation, home and vehicle modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental and emotional distress
Loss of enjoyment of life

 

Punitive Damages

Punitive damages are usually unavailable in Nebraska personal injury and wrongful death cases.

 

Personal Injury Damages Caps in Nebraska

  • Medical Malpractice: Total damages capped at $1.75 million

Authority
Nebraska State Constitution Article VII-5

 

Nevada

 

Economic Damages

Past and future healthcare costs
Loss of income and benefits
Loss of future earnings
Property damage
Other objectively verifiable damages such as alternative transportation, at-home care, home modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Inconvenience
Disfigurement
Physical impairment
Loss of enjoyment of life

 

Punitive Damages

Might be available in Nevada personal injury cases if defendant’s actions constituted fraud, malice, or oppression. Punitive damages cannot be recovered in claims against government employees.

 

Personal Injury Damages Caps in Nevada

  • Claims Against Government Employees: Damages capped at $100,000
  • Medical Malpractice: $350,000 cap on non-economic damages
  • Punitive Damages: If the compensatory damages are less than $100,000, the cap on punitive damages is $300,000. Otherwise, the cape is $100,000 or three times the amount of compensatory damages, whichever is greater. These limits do not apply in certain circumstances.

Authority
NRS § 42.005
NRS § 41.035

 

New Hampshire

 

Economic Damages

Past and future medical costs
Lost income
Lost earning capacity
Property repairs
Other objectively verifiable damages such as at-home care, transportation, child care, and vehicle and home modifications

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Emotional distress
Loss of enjoyment of life
Permanent disability
Scarring & disfigurement

 

Punitive Damages

Punitive damage are not awarded in New Hampshire unless provided by statute; however, “enhanced compensatory damages” may be awarded if the defendant’s actions were wanton, oppressive, or malicious.

 

Personal Injury Damages Caps in New Hampshire

No caps

Authority
NH RSA 507:7
NH RSA 507:16

 

New Jersey

 

Economic Damages

Past and future healthcare expenses
Lost wages
Loss of future earning capacity
Property repairs and replacement
Other objectively verifiable damages like home care, alternative transportation, home and vehicle modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Disability and impairment
Shock and humiliation
Anxiety
Loss of enjoyment of life

 

Punitive Damages

Might be awarded in New Jersey if defendant’s conduct was malicious or constituted a willful and wanton disregard of the person harmed

 

Personal Injury Damages Caps in New Jersey

  • Punitive Damages: Capped at $350,000 or five times the compensatory damages, whichever is greater

Authority
NJ Rev. Stat. Ann. § 2A: 15-5.12
NJ Rev. Stat. Ann. § 2A: 15-5.14

 

New Mexico

 

Economic Damages

Past and future medical expenses
Loss of income
Loss of earning capacity
Loss of property
Other objectively verifiable damages like home modifications, transportation, home care, and child care

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Loss of enjoyment in life

 

Punitive Damages

May be awarded in New Mexico if defendant’s conduct was malicious, fraudulent, in bad faith, reckless, wanton, or willful. Punitive damages cannot be awarded against government entities.

 

Personal Injury Damages Caps in New Mexico

  • Medical Malpractice: Damages capped at $600,000, not including punitive damages or the cost of medical care
  • Claims Against Government Entities: $100,000 for property damage; $300,000 for medical expenses; $400,000 for other damages; $750,000 total per incident

Authority
NM Stat. Ann. § 41-5-6

 

New York

 

Economic Damages

Past and future healthcare bills
Loss of wages
Loss of future earnings
Damaged property
Other objectively verifiable damages like at-home care, alternative transportation, vehicle and home modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Loss of enjoyment in life
Physical impairment and disfigurement

 

Punitive Damages

In the state of New York, punitive damages may be awarded if the defendant’s actions constituted willful negligence, maliciousness, wanton recklessness, a high degree of immorality, fraudulent or dishonest intentions that implied a criminal indifference to civil obligations, or a conscious disregard to the health, rights, or safety of others.

 

Personal Injury Damages Caps in New York

No caps

Authority
NY C.P.L.R. § 1601

 

North Carolina

 

Economic Damages

Past and future medical bills
Lost income and benefits
Lost earning capacity
Property damage
Other objectively verifiable damages like home and vehicle modifications, transportation, at-home care, and child care

 

Non-Economic Damages

Pain & suffering
Emotional distress
Inconvenience
Loss of consortium
Mental anguish

 

Punitive Damages

In North Carolina, punitive damages might be awarded if the defendant showed willful or wanton conduct, fraud, or malice.

 

Personal Injury Damages Caps in North Carolina

  • Medical Malpractice: $500,000 cap on non-economic damages in most cases
  • Punitive Damages: $250,000 or three times the compensatory damages, whichever is greater

Authority
NC Gen Stat. 1D-15
NC Gen Stat. 1D-25
NC Gen Stat. 90-21.19

 

North Dakota

 

Economic Damages

Healthcare costs (past and future)
Loss of income and benefits
Loss of future earning capacity
Property repairs
Other objectively verifiable damages: home care, alternative transportation, child care, home modifications, etc.

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Loss of enjoyment in life

 

Punitive Damages

In North Dakota, plaintiffs might recover punitive damages if the defendant acted with oppression, fraud, or malice.

 

Personal Injury Damages Caps in North Dakota

  • Medical Malpractice: Non-economic damages capped at $500,000
  • Punitive Damages: Two times the compensatory damages or $250,000, whichever is greater

Authority
ND Cent. Code § 32-03.2-11

 

Ohio

 

Economic Damages

Medical costs (past and future)
Lost income
Loss of earning capacity
Property repairs and replacement
Other objectively verifiable damages: vehicle and home modifications, transportation, home care, child care, etc.

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish
Emotional distress
Humility
Anxiety
Shock
Inconvenience
Loss of enjoyment in life

 

Punitive Damages

Recoverable in Ohio personal injury cases involving malice, egregious or aggravated fraud, insult, or oppression

 

Personal Injury Damages Caps in Ohio

  • Non-Economic Damages: Capped at $250,000 or three times the economic damages in most cases, with a maximum of $350,000 per person and $500,000 per incident
  • Punitive Damages: Cannot exceed twice the value of the compensatory damages unless the defendant is a small business or individual, in which case the cap is 10% of net worth up to $350,000

Authority
Ohio Rev. Code § 2315.21
Ohio Rev. Code § 2315.18

 

Oklahoma

 

Economic Damages

Healthcare expenses (past and future)
Lost wages
Loss of future earnings
Loss of property
Lost business opportunity
Other objectively verifiable damages: at-home care, alternative transportation, home and vehicle modifications, child care, etc.

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Mental anguish and emotional distress
Loss of life enjoyment

 

Punitive Damages

Recoverable in Oklahoma personal injury cases involving reckless disregard or intentional and malicious conduct

 

Personal Injury Damages Caps in Oklahoma

  • Non-Economic Damages: Capped at $350,000 in most cases
  • Medical Malpractice: $300,000 cap on non-economic damages
  • Punitive Damages: $100,000 or the amount in actual damages, whichever is greater, when the defendant acted with reckless disregard; $500,000 or twice the actual damages in cases when the defendant acted with intentional malice

Authority
Okla. Stat. Tit. 23, § 9.1

 

Oregon

 

Economic Damages

Medical expenses (past and future)
Loss of income
Lost earning capacity
Damaged property
Other objectively verifiable damages: at-home care, transportation, home modifications, child care, etc.

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Emotional injury and distress
Loss of life enjoyment
Humiliation
Injury to reputation
Inconvenience

 

Punitive Damages

May be recoverable in Oregon personal injury cases if the defendant’s behavior was so egregious that it was socially unacceptable such as in cases involving criminal acts

 

Personal Injury Damages Caps in Oregon

  • Wrongful Death: $500,000 cap on non-economic damages
  • Claims Against Government Entitles: Damages capped at a limit that is periodically adjusted

Authority
ORS § 31.710
ORS § 31.725

 

Pennsylvania

 

Economic Damages

Healthcare bills (past and future)
Loss of wages
Loss of future earning capacity
Property damage
Other objectively calculable damages such as vehicle and home modifications, alternative transportation, home care, and child care

 

Non-Economic Damages

Pain & suffering
Loss of consortium
Embarrassment and humiliation
Disfigurement
Loss of life enjoyment

 

Punitive Damages

Recoverable in Pennsylvania personal injury cases involving reckless indifference, willful conduct, or wanton conduct

 

Personal Injury Damages Caps in Pennsylvania

  • Claims Against Local Agencies: Capped at $500,000
  • Lawsuits Against Commonwealth Parties: $250,000 per plaintiff, $1 million aggregate

Authority
42 Pa. Cons. Stat. § 8528

 

Rhode Island

 

Economic Damages

Medical bills (past and future)
Lost income and benefits
Loss of earning capacity
Property repairs
Other objectively calculable damages such as home care, transportation, child care, and home and vehicle modifications

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Disfigurement
Scarring and disability
Emotional trauma
Loss of enjoyment of life

Punitive Damages

May be awarded in Rhode Island personal injury cases if defendant acted in a reckless, wicked, or willful manner that amounts to criminality. Not recoverable in wrongful death cases.

 

Personal Injury Damages Caps in Rhode Island

No caps, but punitive damages not available in wrongful death cases

Authority
RI G.L.A. § 9-31-2

 

South Carolina

 

Economic Damages

Healthcare costs
Loss of income and benefits
Lost earning capacity
Loss of property
Other objectively calculable damages such as at-home care, alternative transportation, home modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Disfigurement
Depression
Sexual dysfunction
Anxiety
Psychological trauma
Mental anguish
Loss of enjoyment of life

 

Punitive Damages

May be awarded in South Carolina if defendant acted with malice, ill will, conscious indifference, or reckless disregard

 

Personal Injury Damages Caps in South Carolina

  • Medical Malpractice: Non-economic damages capped at $350,000 per defendant, $1.05 million overall
  • Punitive Damages: Capped at $500,000 or three times the actual damages, whichever is greater
  • Claims Against Government Entitles: Capped at $300,000 per claim with some exceptions

Authority
SC Code § 15-33
SC Code § 15-32

 

South Dakota

 

Economic Damages

Medical costs
Loss of wages
Loss of future earning capacity
Property damage
Other objectively calculable damages such as at-home care, transportation, vehicle and home modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Mental anguish
Disfigurement
Depression
Anxiety
Loss of enjoyment of life

 

Punitive Damages

May be available in South Dakota personal injury cases if defendant acted with willful, wanton, or malicious conduct, oppression, or fraud

 

Personal Injury Damages Caps in South Dakota

  • Medical Malpractice: Total damages capped at $1 million
  • Product Liability Cases: Total damages capped at $1 million

Authority
SD Codified Laws § 21-1-4.1
SD Codified Laws § 21-3-2
SD Codified Laws § 21-3-11

 

Tennessee

 

Economic Damages

Healthcare expenses
Lost income
Loss of earning capacity
Property damage
Other objectively calculable damages like home care, alternative transportation, child care, and home and vehicle modifications

 

Non-Economic Damages

Physical, mental, and emotional pain & suffering
Loss of companionship or consortium
Disfigurement
Disability
Mental anguish
Loss of enjoyment of life

 

Punitive Damages

May be available in Tennessee tort claims if defendant acted with willful, malicious, or fraudulent conduct, or reckless indifference toward the rights of the plaintiff

 

Personal Injury Damages Caps in Tennessee

  • Non-Economic Damages: $750,000 in most cases. Cap increases to $1 million if case involves serious burns, amputation, death of a minor child’s parent, or paralysis from a spinal injury.
  • Punitive Damages: Twice the amount of compensatory damages or $500,000, whichever is greater

Authority
TCA § 29-39-102
TCA § 29-39-104

 

Texas

 

Economic Damages

Medical expenses
Lost wages
Loss of future earnings
Property repairs
Other objectively calculable damages like home modifications, transportation, home care, and child care

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Mental anguish
Physical impairment
Disfigurement
Loss of enjoyment in life

 

Punitive Damages

May be available in Texas personal injury cases if defendant acted with fraud, malice, willful conduct, omission, or gross negligence

 

Personal Injury Damages Caps in Texas

  • Claims Against Government Entities: Damages capped at $250,000 per person, $500,000 per incident for claims against municipalities, emergency service organizations, or state government entities. For all other government entities, damages are capped at $100,000 per person and $300,000 per incident.
  • Medical Malpractice: Non-economic damages capped at $250,000 per defendant and $500,000 overall. For cases involving wrongful death, the cap is adjusted according to inflation.
  • Punitive Damages: Capped at $200,000 or two times the economic damages plus the non-economic damages up to $750,000, whichever is greater.

Authority
Texas Civ. Prac. and Rem. Code § 41
Texas Civ. Prac. and Rem. Code § 74.302

 

Utah

 

Economic Damages

Healthcare bills
Loss of income
Lost earning capacity
Property repairs and replacement
Other objectively calculable damages like at-home care, alternative transportation, vehicle and home modifications, and child care

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Loss of sexual function
Disfigurement
Emotional distress
Loss of enjoyment in life

 

Punitive Damages

Recoverable in Utah if defendant’s conduct was malicious, willful, intentionally fraudulent, or showed reckless indifference

 

Personal Injury Damages Caps in Utah

  • Medical Malpractice: Non-economic damages capped at $450,000

Authority
Utah Code Ann. § 78-18-1
Utah Code Ann. § 78B-3-410

 

Vermont

 

Economic Damages

Medical bills
Loss of wages
Loss of future earning capacity
Loss of property
Other objectively calculable damages like at-home care, transportation, child care, and home and vehicle modifications

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Mental anguish
Disability
Disfigurement
Loss of enjoyment in life

 

Punitive Damages

Recoverable in Vermont if defendant’s conduct showed ill will that evidenced oppression or insult, or a reckless or wanton disregard for the plaintiff’s rights

Authority
VSA tit. 12 § 5601

 

Virginia

 

Economic Damages

Past and future healthcare costs
Lost income and benefits
Loss of earning capacity
Damaged property
Other objectively calculable damages: home care, alternative transportation, home modifications, child care, etc.

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Emotional distress
Inconvenience
Loss of enjoyment in life

 

Punitive Damages

Recoverable in Virginia if the defendant’s conduct demonstrated wanton and willful negligence, conscious disregard, or reckless indifference

 

Personal Injury Damages Caps in Virginia

  • Medical Malpractice: Total damages capped at $2 million. This cap is set to increase steadily over time, reaching $3 million in 2031.
  • Punitive Damages: Capped at $350,000

Authority
Code of Virginia § 8.01-581.15

 

Washington

 

Economic Damages

Past and future medical costs
Loss of income and benefits
Loss of future earnings
Property damage
Other objectively calculable damages: home care, transportation, vehicle and home modifications, child care, etc.

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Mental anguish
Disfigurement or disability
Inconvenience
Loss of enjoyment in life

 

Punitive Damages

Not recoverable in Washington unless authorized by statute

Authority
WPI 35.01

 

Washington, D.C.

 

Economic Damages

Past and future medical bills
Loss of wages
Loss of future earnings
Damaged property
Other objectively calculable damages: home and vehicle modifications, alternative transportation, home care, child care, etc.

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Reputation damage
Mental anguish
Emotional suffering
Loss of enjoyment in life

 

Punitive Damages

In Washington, D.C., punitive damages might be recovered if the defendant acted with ill will, recklessness, willful disregard of potential injury, or fraud.

Authority
D.C. Code § 8-1446

 

West Virginia

 

Economic Damages

Past and future healthcare expenses
Lost income
Lost earning capacity
Property repairs
Other objectively calculable damages: at-home care, transportation, child care, home modifications, etc.

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Emotional distress
Scarring
Disability
Loss of enjoyment in life

 

Punitive Damages

Extremely negligent conduct that is likely to result in harm

 

Personal Injury Damages Caps in West Virginia

  • Non-Economic Damages: Capped at $500,000 in cases involving wrongful death and permanent injuries, $250,000 in most other cases
  • Punitive Damages: The greater of $500,000 or four times the compensatory damages

Authority
Va. Code Ann. § 55-7B-8

 

Wisconsin

 

Economic Damages

Past and future medical expenses
Lost wages
Loss of future earning capacity
Property repairs and replacement
Other objectively calculable damages: at-home care, alternative transportation, vehicle and home modifications, child care, etc.

 

Non-Economic Damages

Pain & suffering
Loss of companionship or consortium
Emotional and mental distress
Disability
Loss of enjoyment in life

Punitive Damages
May be recovered in Wisconsin personal injury cases if the defendant intentionally disregarded the plaintiff’s rights or displayed wanton, willful, or malicious conduct

 

Personal Injury Damages Caps in Wisconsin

  • Medical Malpractice: $750,000 non-economic damages cap
  • Punitive Damages: $200,000 or twice the compensatory damages, whichever is greater

Authority
Wis. Stat. Ann. § 895
Wis. Stat. Ann. § 893.55

 

Wyoming

 

Economic Damages

Past and future healthcare bills
Loss of income
Loss of earning capacity
Loss of property
Other objectively calculable damages: transportation, at-home care, home and vehicle modifications, child care, etc.

 

Non-Economic Damages

Pain & suffering
Emotional distress
Damage to reputation
Disfigurement
Mental or physical disability
Loss of companionship or consortium
Loss of enjoyment in life

 

Punitive Damages

Available in Wyoming personal injury cases if the defendant acted with malice, willful and wanton misconduct, or outrageous conduct

 

Personal Injury Damages Caps in Wyoming

No caps

 

Recoverable Personal Injury Damages and Caps by State

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