Maryland Noneconomic Damages Cap Legislative Debate: Is Maryland About to Increase Personal Injury Settlements? What You Need to Know

In my personal injury practice, I often see how the cap on noneconomic damages—commonly known as the “pain and suffering” cap—limits what injured parties can recover for losses that are hard to quantify. With ongoing legislative debate in Maryland, many clients ask: “Is Maryland about to increase personal injury settlements?” And specifically: “Could Maryland pain and suffering awards jump to $1.75 million—and when would that take effect?” This article breaks down the current law, the proposed changes, and what you need to know if you or a loved one was injured.

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Understanding the Current Cap on Noneconomic Damages in Maryland

When I handle a case—whether a car crash, a workplace injury, a wrongful death scenario or nursing-home negligence—the distinction between economic damages (medical bills, lost wages, future care) and noneconomic damages (pain, suffering, loss of enjoyment of life) is critical. In Maryland, the law imposes a cap on noneconomic damages in many personal injury and wrongful-death lawsuits.  

In general personal injury and wrongful death claims (non-medical-malpractice), for causes of action arising on or after October 1, 2025, the cap on noneconomic damages is $965,000 for an injury or a wrongful death claim with a single beneficiary, $1,447,500 for a wrongful death claim with two or more beneficiaries, and $2,412,500 for a wrongful death claim with two or more beneficiaries and a viable survival action. For medical-malpractice cases, the cap is lower: for causes of action arising on or after January 1, 2025, the cap is $905,000 for injury or if there is one wrongful death beneficiary and in wrongful-death cases with two or more beneficiaries the cap is $1,131,250.  

It’s important to note how the cap is applied: the applicable cap is determined by the date the cause of action arises (when the injury or death happened) rather than solely by when a trial or settlement occurs. Also, economic damages remain unlimited—medical bills, lost wages, future care costs are not capped. The cap applies only to noneconomic losses.  

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What’s the Legislative Debate: Could Maryland Raise the Cap to $1.75 Million?

The short answer: yes, there is legislative activity aiming at raising or even repealing the cap—but the idea of a $1.75 million threshold is not yet law, and any effective date remains uncertain.

Proposed bills

In the 2025 legislative session, for example, SB 584 was introduced to repeal the cap on non-economic damages for personal injury and wrongful death claims (outside of health-care malpractice). Another bill, noted in January 2025, flagged that the cap was currently $950,000 for individual personal injury/wrongful death claims and rising by $15,000 annually.  

Advocates argue that the current cap unfairly limits compensation for catastrophically injured plaintiffs and their families, especially in the context of severe permanent impairment. By contrast, opponents (such as business- and insurance-trade groups) warn that raising the cap would increase insurance premiums and raise costs for Maryland residents and businesses.  

Where does the "$1.75 million" figure come from?

Though the specific figure of $1.75 million is not codified by statute, and may never be, the idea has entered public debate as advocates push for significantly higher caps (or full repeal). Some commentary suggests that if the cap were roughly doubled (from ~ $950,000 to around $1.8 million) that would chart toward the $1.75 million mark.  

At present, the existing cap remains roughly $965,000 (for non-medical-malpractice cases) and $905,000 (for medical-malpractice) for the relevant causes of action. The notion of $1.75 million is aspirational at this stage of the legislative process.

When would any change take effect?

Because no bill has become law setting the cap to $1.75 million, there is no “effective date” for that number. In general, Maryland statutes applying caps tie the applicable limit to the date of the injury or cause of action. If and when a legislative amendment becomes law, injured parties would need to carefully review:

• The effective date of the amendment (when the law takes effect)

• Whether the amendment applies prospectively (to causes arising after that date) or retroactively (to causes that already occurred)

• Whether the amendment differentiates by case-type (medical malpractice vs general negligence) or beneficiary-count (single vs multiple claimants)

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What This Means for My Case (Car Accidents, Medical Malpractice, Wrongful Death)

In my work at SG Legal Group, I see several practical implications of the cap and the legislative debate:

• Timing of the injury matters

If your injury or death occurred on a certain date, the cap number in effect at that date applies. This means that two very similar accidents occurring on different dates might have different noneconomic-damage ceilings.

• The cap does not affect economic damages

Even if the noneconomic damage cap is $950,000, your case may still involve large recoveries of economic losses: past/future medical bills, lost earnings, future care costs. I always remind my clients of that distinction.

• In wrongful death cases, beneficiary count matters

If there are two or more beneficiaries in a wrongful death claim, Maryland law allows the cap to increase for the noneconomic damages component.  

• Legislative change may expand what’s possible

While we must advise based on current law, we also monitor legislative developments. If a bill passes, future claims (or those not yet settled) may benefit from a higher cap, depending on the wording of the bill. For clients today, that means we factor in current law—but plan strategically for timing and advocacy.

• Insurance/defense strategy will respond

Because insurers and corporations know the cap is a ceiling, they may calibrate settlement negotiations accordingly. If the cap rises, negotiating positions may shift—and so having a law firm experienced in Maryland’s personal injury system (such as SG Legal Group) matters.

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What You Should Do Now: Checklist If You’re Injured in Maryland

Here are steps I recommend for clients in Maryland given the current cap and the legislative debate:

• Preserve evidence early: get photographs, medical records, witness statements, and document your pain/suffering impact (journals, testimony). Noneconomic damages hinge on how the loss of quality of life is proven.

• Note your injury date: confirm when the cause of action arose—it affects which cap applies.

• Include full economic losses: work with your attorney to calculate future medical care, lost earnings, rehabilitation, assistive devices—these are not capped.

• Discuss settlement strategy in light of the cap: understand how the cap limits worst-case noneconomic damages and calibrate expectations (while still targeting maximum value).

• Choose an experienced personal injury attorney: because navigating Maryland’s cap regime (especially in wrongful death, nursing home, medical malpractice contexts) requires expert understanding of statutes, case law, and settlement negotiation.

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My View: Why This Debate Matters

From my vantage point, the legislative debate over raising the noneconomic damages cap in Maryland is significant for three reasons:

1. Fairness to catastrophically injured clients: when someone suffers a permanent disability, paralysis, or the death of a loved one, limiting noneconomic damages at around $950,000 often fails to reflect the true human toll of the injury. As the state legislative report notes, the cap disproportionately impacts older persons, women, minorities and low-wage earners whose economic losses are smaller but noneconomic losses still profound.  

2. Insurance and economic ripple-effects: defenders and insurers argue that raising the cap would raise premiums, drive up costs for healthcare providers and businesses, and ultimately impact consumers. The Maryland Chamber of Commerce echoed that concern in 2024.  

3. Settlement leverage and jury dynamics: when plaintiffs and defense know the ceiling for noneconomic damages, it influences negotiation dynamics and jury expectations. Any increase in the ceiling could reshape settlement valuations and litigation posture.

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Conclusion: Is Maryland About to Increase Personal Injury Settlements? What You Need to Know

Although Maryland is in the midst of a legislative debate over raising or even repealing the cap on noneconomic (“pain and suffering”) damages in personal injury and wrongful death cases, there is no guarantee it will happen. While you may have seen headlines like "Maryland pain and suffering awards could jump to $1.75 million", that specific figure is not law, and any change would likely apply prospectively (to causes arising after the new law takes effect). For now, if your case arose today in Maryland, you must proceed under the current cap (roughly ~$950,000 for non-medical claims; ~$905,000 for medical-malpractice), while fully accounting for uncapped economic damages and planning strategically.

At SG Legal Group, my team and I stay on top of these legislative developments—and we apply deep knowledge of Maryland law to maximize every element of your case within the legal limit. If you or a loved one has been injured in Maryland due to someone else’s negligence, I encourage you to call us at 410-618-1277 or visit our contact page to schedule a consultation. We will help you understand your options, evaluate the applicable cap, and pursue the highest compensation you deserve.

Disclaimer: This article provides general information and is not legal advice. For advice about your situation, please contact me directly.