A damage cap is a legal limit on how much a court can award for certain kinds of losses. Caps don’t apply to every case, but where they do, they can significantly affect what a claim is worth. Find your state below.
Types of caps
- Non-economic damage caps: limit compensation for pain, suffering and emotional distress. Most common in medical malpractice cases.
- Medical malpractice total caps: a few states cap the total recovery in malpractice cases.
- Punitive damage caps: limit awards meant to punish, often as a fixed amount or a multiple of other damages.
- Government claim caps: limit how much you can recover from state or local governments.
Caps on economic damages, like medical bills and lost income, are rare. See types of damages.
Damage caps by state
| State | Cap on pain and suffering | How it works | Statute / case |
|---|---|---|---|
|
Alabama Find attorneys in Alabama → |
No cap (struck down) | The state supreme court struck down the medical malpractice cap. Punitive damages remain capped in most cases. | Moore v. Mobile Infirmary Ass'n (1991); Ala. Code § 6-11-21 |
| Alaska | All injury claims | Non-economic damages are limited in all injury cases, with a higher limit for severe permanent impairment or disfigurement. | Alaska Stat. § 09.17.010 |
|
Arizona Find attorneys in Arizona → |
No cap (barred by constitution) | The state constitution forbids any law limiting damages for death or injury, so no cap can be enacted. | Ariz. Const. art. II, § 31 |
| Arkansas | No cap (barred by constitution) | The state constitution forbids limiting recovery for injury or death. | Ark. Const. art. 5, § 32 |
|
California Find attorneys in California → |
Medical malpractice only | Caps pain and suffering in medical malpractice only, with a separate higher limit in wrongful death. Both step up every January through 2033. The amount adjusts each year, so confirm the current figure. | Cal. Civ. Code § 3333.2 |
|
Colorado Find attorneys in Colorado → |
All injury claims | Limits non-economic damages in injury cases generally, with a separate medical malpractice limit. Both are inflation-adjusted. The amount adjusts each year, so confirm the current figure. | C.R.S. § 13-21-102.5, § 13-64-302 |
|
Connecticut Find attorneys in Connecticut → |
No cap | No cap on non-economic damages in personal injury or medical malpractice. | |
| Delaware | No cap | No cap on compensatory damages, including pain and suffering. | |
|
District of Columbia Find attorneys in District of Columbia → |
No cap | No cap on non-economic damages. | |
|
Florida Find attorneys in Florida → |
No cap (struck down) | The state supreme court struck down the medical malpractice caps, first in wrongful death and then in personal injury. | Estate of McCall v. United States (2014); N. Broward Hosp. Dist. v. Kalitan (2017) |
|
Georgia Find attorneys in Georgia → |
No cap (struck down) | The state supreme court struck down the medical malpractice cap as a violation of the right to trial by jury. | Atlanta Oculoplastic Surgery v. Nestlehutt (2010) |
| Hawaii | All injury claims | Pain and suffering is capped in most tort actions, with exceptions for certain claims. | Haw. Rev. Stat. § 663-8.7 |
| Idaho | All injury claims | Non-economic damages are capped in all injury cases. The figure is recalculated annually against average wages. The amount adjusts each year, so confirm the current figure. | Idaho Code § 6-1603 |
|
Illinois Find attorneys in Illinois → |
No cap (struck down) | The state supreme court struck down the medical malpractice cap as a violation of the separation of powers. | Lebron v. Gottlieb Mem'l Hosp. (2010) |
|
Indiana Find attorneys in Indiana → |
Medical malpractice only | Caps the total recovery in a medical malpractice claim, not just non-economic damages, with part paid from the state patient compensation fund. | Ind. Code § 34-18-14-3 |
| Iowa | Medical malpractice only | Caps non-economic damages in medical malpractice, with a higher limit where the injury is substantial or permanent. | Iowa Code § 147.136A |
| Kansas | No cap (struck down) | The state supreme court struck down the cap on non-economic damages as a violation of the right to trial by jury. | Hilburn v. Enerpipe Ltd. (2019) |
|
Kentucky Find attorneys in Kentucky → |
No cap (barred by constitution) | The state constitution forbids any law limiting recovery for injury or death. | Ky. Const. § 54 |
|
Louisiana Find attorneys in Louisiana → |
Medical malpractice only | Caps the total recovery in a medical malpractice claim against a qualified provider, excluding future medical care, which is paid separately. | La. Rev. Stat. § 40:1231.2 |
| Maine | No cap | No cap in ordinary injury or medical malpractice claims. A separate limit applies to loss of comfort and society in wrongful death. | 18-C M.R.S. § 2-807 |
|
Maryland Find attorneys in Maryland → |
All injury claims | Caps non-economic damages in all injury cases, with a higher limit in wrongful death with multiple claimants. The figure rises each year. The amount adjusts each year, so confirm the current figure. | Md. Code, Cts. & Jud. Proc. § 11-108 |
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Massachusetts Find attorneys in Massachusetts → |
Medical malpractice only | Caps pain and suffering in medical malpractice unless there is substantial or permanent impairment or disfigurement, in which case the cap does not apply. | Mass. Gen. Laws ch. 231, § 60H |
|
Michigan Find attorneys in Michigan → |
Medical malpractice only | Caps non-economic damages in medical malpractice, with a higher limit for paralysis, loss of a limb, severe cognitive injury or loss of reproductive function. Both are adjusted annually. The amount adjusts each year, so confirm the current figure. | Mich. Comp. Laws § 600.1483 |
|
Minnesota Find attorneys in Minnesota → |
No cap | No cap on non-economic damages in personal injury or medical malpractice. | |
| Mississippi | All injury claims | Caps non-economic damages in all injury cases, with a lower limit in medical malpractice. | Miss. Code Ann. § 11-1-60 |
|
Missouri Find attorneys in Missouri → |
Medical malpractice only | Caps non-economic damages in medical malpractice, with a higher limit for catastrophic injury or death. The general injury cap was struck down in 2012. Figures adjust annually. The amount adjusts each year, so confirm the current figure. | Mo. Rev. Stat. § 538.210; Watts v. Lester E. Cox Med. Ctrs. (2012) |
| Montana | Medical malpractice only | Caps non-economic damages in medical malpractice at a fixed amount that does not index. | Mont. Code Ann. § 25-9-411 |
| Nebraska | Medical malpractice only | Caps the total recovery in a medical malpractice claim, with part paid from the state excess liability fund. | Neb. Rev. Stat. § 44-2825 |
|
Nevada Find attorneys in Nevada → |
Medical malpractice only | Caps non-economic damages in medical malpractice. The limit rises each year under a 2023 amendment until it reaches its ceiling in 2028. The amount adjusts each year, so confirm the current figure. | Nev. Rev. Stat. § 41A.035 |
| New Hampshire | No cap (struck down) | The state supreme court struck down caps on non-economic damages as a violation of equal protection. | Carson v. Maurer (1980); Brannigan v. Usitalo (1991) |
| New Jersey | No cap | No cap on compensatory damages. Punitive damages are capped separately. | N.J. Stat. Ann. § 2A:15-5.14 |
| New Mexico | Medical malpractice only | Caps the total recovery in a medical malpractice claim against a qualified provider, excluding future medical care. The figure was restructured in 2021 and rises on a schedule. The amount adjusts each year, so confirm the current figure. | N.M. Stat. Ann. § 41-5-6 |
|
New York Find attorneys in New York → |
No cap | No cap on non-economic damages in personal injury or medical malpractice. One of a small group of states that has never enacted one. | |
|
North Carolina Find attorneys in North Carolina → |
Medical malpractice only | Caps non-economic damages in medical malpractice, lifted where the injury is disfiguring or permanent and the defendant acted recklessly. Adjusted for inflation every three years. The amount adjusts each year, so confirm the current figure. | N.C. Gen. Stat. § 90-21.19 |
| North Dakota | Medical malpractice only | Caps non-economic damages in medical malpractice at a fixed amount. | N.D. Cent. Code § 32-42-02 |
|
Ohio Find attorneys in Ohio → |
All injury claims | Caps non-economic damages in all injury cases, calculated as a multiple of economic loss up to a ceiling. The cap does not apply to permanent and substantial physical deformity or loss of a limb or organ system. | Ohio Rev. Code § 2315.18 |
|
Oklahoma Find attorneys in Oklahoma → |
No cap (struck down) | The state supreme court struck down the cap on non-economic damages as unconstitutional special law. | Beason v. I.E. Miller Servs., Inc. (2019) |
|
Oregon Find attorneys in Oregon → |
No cap | The general cap on non-economic damages is no longer enforced against personal injury claims after a line of state supreme court decisions. A separate statutory limit still applies in wrongful death. | Or. Rev. Stat. § 31.710; Horton v. OHSU (2016) |
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Pennsylvania Find attorneys in Pennsylvania → |
No cap (barred by constitution) | The state constitution forbids any law limiting the amount recoverable for injury or death. | Pa. Const. art. III, § 18 |
|
Rhode Island Find attorneys in Rhode Island → |
No cap | No cap on non-economic damages. | |
| South Carolina | Medical malpractice only | Caps non-economic damages in medical malpractice per provider, with a higher aggregate limit across multiple defendants. Indexed to inflation. The amount adjusts each year, so confirm the current figure. | S.C. Code Ann. § 15-32-220 |
| South Dakota | Medical malpractice only | Caps non-economic damages in medical malpractice at a fixed amount. | S.D. Codified Laws § 21-3-11 |
|
Tennessee Find attorneys in Tennessee → |
All injury claims | Caps non-economic damages in all injury cases, with a higher limit for catastrophic loss such as paralysis, amputation or the death of a parent of a minor child. Upheld by the state supreme court in 2020. | Tenn. Code Ann. § 29-39-102; McClay v. Airport Mgmt. Servs. (2020) |
|
Texas Find attorneys in Texas → |
Medical malpractice only | Caps non-economic damages in medical malpractice: a fixed amount against physicians, and a separate fixed amount per health care institution with an overall ceiling. The figures do not index. | Tex. Civ. Prac. & Rem. Code § 74.301 |
|
Utah Find attorneys in Utah → |
Medical malpractice only | Caps non-economic damages in medical malpractice. The state supreme court has held the cap cannot be applied to wrongful death claims. The amount adjusts each year, so confirm the current figure. | Utah Code § 78B-3-410 |
| Vermont | No cap | No cap on non-economic damages. | |
|
Virginia Find attorneys in Virginia → |
Medical malpractice only | Caps the total recovery in a medical malpractice claim, not just non-economic damages. The limit rises on a fixed statutory schedule each July. The amount adjusts each year, so confirm the current figure. | Va. Code § 8.01-581.15 |
|
Washington Find attorneys in Washington → |
No cap (struck down) | The state supreme court struck down the cap on non-economic damages as a violation of the right to trial by jury. | Sofie v. Fibreboard Corp. (1989) |
| West Virginia | Medical malpractice only | Caps non-economic damages in medical malpractice, with a higher limit for wrongful death, permanent disfigurement or loss of a limb or organ system. Indexed to inflation. The amount adjusts each year, so confirm the current figure. | W. Va. Code § 55-7B-8 |
|
Wisconsin Find attorneys in Wisconsin → |
Medical malpractice only | Caps non-economic damages in medical malpractice at a fixed amount. Upheld by the state supreme court in 2018 after an earlier, lower cap was struck down. | Wis. Stat. § 893.55; Mayo v. Wis. Injured Patients & Families Comp. Fund (2018) |
| Wyoming | No cap (barred by constitution) | The state constitution forbids any law limiting the amount recoverable for injury or death. | Wyo. Const. art. 10, § 4 |
No state matches that search.
Last reviewed: November 11, 2026. Several state courts have struck down caps as unconstitutional, and some caps adjust for inflation each year. Talk to a lawyer about current law in your state.
How caps affect your case
- A jury may award more than the cap, but the judge reduces it to the cap amount.
- Caps can affect which lawyers take a case, especially in medical malpractice, where expert costs are high.
- Some caps have exceptions for catastrophic injuries or wrongful death.
Find an injury attorney in your state →
Frequently asked questions
Do damage caps apply to car accident cases?
Usually not for compensatory damages. Most caps target medical malpractice, punitive damages or government claims. Insurance limits are usually the bigger practical limit in car cases. See what is my claim worth?
Can a damage cap be challenged?
Courts in several states have struck down caps under their state constitutions. Whether a cap applies is a question for your lawyer.
Are caps the same as insurance limits?
No. A cap is set by law. An insurance limit is the maximum a policy will pay. Both can limit recovery.
Do caps change over time?
Some do. Several states adjust caps for inflation annually, and legislatures change them periodically.
This guide is general information, not legal advice. Laws change and every case is different. Talk to a licensed attorney about your situation.