Personal Injury
As a Maryland wrongful death attorney, I often meet families at their most vulnerable moments—after the sudden and preventable loss of a loved one. Whether the death results from a car crash, medical negligence, or another tragic incident, these families seek justice, closure, and accountability. Naturally, they assume that the civil justice system will recognize the full magnitude of their loss.
What most do not realize, however, is that Maryland law limits recovery for non-economic damages through statutory caps. These caps restrict what a jury can award for grief, emotional suffering, and loss of companionship—no matter how devastating the loss.
In this article, I explain how these damage caps work, how they affect wrongful death settlements, and how my team at SG Legal Group ensures that families recover the maximum compensation allowed under Maryland law.
One of the first things I explain to clients is that Maryland distinguishes between economic damages and non-economic damages in wrongful death cases.
While economic damages are not capped, non-economic damages are under Maryland Courts and Judicial Proceedings § 11-108. These limits are updated annually on October 1, increasing by $15,000 each year to account for inflation.
As of October 1, 2025, the non-economic damage caps in Maryland wrongful death cases are as follows:
These numbers apply regardless of the facts of the case or the magnitude of the family’s suffering. In my experience, nearly every wrongful death claim I handle is affected by these limits. Families almost always value the emotional and relational loss of their loved one far beyond what the cap allows, and understandably so.
When a jury hears a wrongful death case, they may believe a family deserves several million dollars in compensation for pain, grief, and loss of companionship. Yet if their verdict exceeds Maryland’s cap, the court is required by law to reduce the award to the maximum allowable amount.
This cap applies per occurrence, not per person, which means that even if several family members bring claims, they must share the same capped amount. The only additional recovery available comes through a separate survival action brought by the estate for the decedent’s own suffering and medical care before death.
This is the reality many Maryland families face. While the legislature created these limits to control insurance and litigation costs, in practice they often undervalue human life and loss.
Maryland Wrongful Death Lawyer: Fighting Damage Caps for Maximum Recovery
Although the cap on non-economic damages cannot be avoided, my team at SG Legal Group uses several strategies to maximize the total recovery available to grieving families.
1. Pursuing Every Available Economic Loss
We conduct a thorough review of all potential financial impacts, including lost earnings, retirement benefits, and the value of household contributions. I frequently work with economists, vocational experts, and financial analysts to ensure no element of loss is left unclaimed.
2. Bringing a Separate Survival Action
The wrongful death claim compensates family members for their loss, while the survival action compensates the estate for what the decedent endured before death—pain, suffering, medical expenses, and conscious distress. Each claim carries its own damage cap, which can allow for higher combined recovery when both are viable.
3. Building a Compelling Record
While the cap controls the legal limit, the evidence still matters. A well-documented record—photos, testimony, and written accounts of the deceased’s role in the family—ensures the insurer or jury fully understands the human impact, which can influence both settlement posture and the overall tone of resolution.
It’s important to note that medical malpractice wrongful death claims are subject to a different and lower cap on non-economic damages under Courts & Judicial Proceedings § 3-2A-09. That statute establishes its own annual adjustment schedule, distinct from § 11-108.
Because of this complexity, it’s essential that families work with an attorney experienced in both medical malpractice and general wrongful death litigation to ensure all potential damages are properly evaluated.
Although the cap applies statewide, venue selection still plays an important role. In Baltimore City, juries tend to award higher verdicts for both economic and non-economic damages (before caps are applied), reflecting greater sympathy toward plaintiffs. In Baltimore County and other suburban or rural jurisdictions, verdicts and settlements tend to be more conservative.
Understanding these patterns helps me provide clients with realistic expectations and allows us to make informed strategic decisions about where to file suit.
Guidance for Families After a Wrongful Death
When I first speak with a grieving family, I focus on two priorities:
Maryland’s wrongful death damage caps are among the most significant—and often misunderstood—limitations in state personal injury law. As of October 1, 2025, the non-economic damage cap stands at $965,000 for one beneficiary, $1,447,500 for two or more beneficiaries, and $2,412,500 when combined with a survival action. These limits directly affect how much families can recover for their emotional loss, even when negligence is clear.
While the caps may restrict certain aspects of recovery, they do not define the full scope of justice. My role, and that of my team at SG Legal Group, is to ensure every available category of damages is identified, proven, and pursued—so families receive the maximum compensation allowed under Maryland law.
If you have lost a loved one due to another’s negligence, contact me at SG Legal Group. My team and I will help you understand your options and fight for the recovery your family deserves. Call 410-618-1277 or visit our contact page to schedule a consultation.
This article provides general information and is not legal advice. For advice about your specific situation, please contact me directly.
Joshua C. Sussex, Esq.
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