A Maryland jury can decide that an injured person deserves more than $1 million for pain, disability, disfigurement, and loss of enjoyment of life and the final judgment can still be lower.
Maryland limits noneconomic damages in most personal injury cases.
For claims arising on or after October 1, 2026, the general cap for non-medical-malpractice personal injury cases is $980,000.
The unusual part is that the cap changes every year. Determining the correct limit therefore starts with the date the cause of action arose, not the date the lawsuit was filed or the date the case goes to trial.
What Does the Maryland Cap Cover?
Maryland Courts and Judicial Proceedings § 11-108 defines noneconomic damages to include losses such as:
- pain and suffering;
- inconvenience;
- physical impairment;
- disfigurement; and
- loss of consortium.
These are damages that do not come with a straightforward invoice or payroll record.
Economic damages are different. Medical expenses, lost earnings, future treatment expenses, and other provable financial losses are not subject to the ordinary § 11-108 noneconomic cap.
That distinction becomes especially important in catastrophic injury cases where future medical care or lost earning capacity can greatly exceed the pain-and-suffering limit.
The Accident Date Determines the Cap
Maryland’s cap began at $500,000 for qualifying causes of action arising on or after October 1, 1994.
The statute increases that amount by $15,000 every October 1.
For injuries arising between October 1, 2025 and September 30, 2026, the general cap was $965,000.
For causes of action arising from October 1, 2026 through September 30, 2027, it is $980,000.
Someone evaluating a serious Baltimore-area claim with Jenner Law personal injury lawyer therefore needs to identify when the injury occurred before applying the current year’s number.
A 2025 accident does not receive the higher 2026 cap simply because settlement negotiations or trial occur in 2026.
The Jury Is Not Told About the Limit
Maryland handles the cap in an unusual way at trial.
Section 11-108 expressly states that the jury may not be informed about the statutory limitation.
Jurors assess the evidence and determine noneconomic damages without being told that the legislature has imposed a ceiling.
If the jury’s award exceeds the applicable cap, the judge reduces it afterward.
For example, a jury might award $1.4 million in noneconomic damages for a qualifying October 2026 injury. If the ordinary $980,000 cap applies, the court would reduce that portion of the verdict to the statutory maximum.
Understanding the difference between economic and noneconomic injury compensation therefore matters well before trial.
A Larger Verdict Can Still Matter
The existence of the cap does not mean evidence of severe pain, permanent limitations, or disfigurement becomes irrelevant once damages appear likely to exceed $980,000.
A plaintiff still has to prove the nature and extent of the harm.
The jury also considers different categories of damages separately. A serious injury may involve substantial uncapped economic losses in addition to capped noneconomic damages.
Medical records, expert opinions, employment records, photographs, and testimony about long-term limitations can all affect the overall claim value.
The statutory ceiling addresses only a particular category of damages.
Medical Malpractice Uses a Different Cap
Section 11-108 should not be used as the damages limit for modern medical malpractice claims.
Maryland has a separate statute for noneconomic damages arising from medical injuries.
For medical malpractice causes of action arising in 2026, the general noneconomic cap is $920,000, with a separate calculation for certain wrongful-death cases involving multiple beneficiaries.
That cap also increases annually, but on January 1 rather than October 1.
The type of claim therefore matters just as much as the date.
A 2026 Proposal to Eliminate the Cap Did Not Become Law
Maryland lawmakers again considered eliminating the general noneconomic-damages cap during the 2026 legislative session.
House Bill 476 proposed repealing the limitation for personal injury and wrongful-death claims.
The bill did not pass. It was referred to interim study by the House Judiciary Committee in March 2026.
As a result, the existing cap remains in force.
The Headline Settlement Number Needs Context
Maryland personal injury damages cannot be evaluated by simply adding every loss into one unrestricted total.
Economic damages and noneconomic damages receive different treatment. The noneconomic ceiling changes annually, and the date the claim arose determines which year’s limit applies.
For an injury occurring on or after October 1, 2026, the current general cap is $980,000.
And even if a jury believes the non-economic harm is worth more, Maryland law requires the court not the jury to apply the statutory reduction afterward.
This article provides general information about Maryland personal injury damages law and is not legal advice for an individual case.
