Damage Caps By State

StateMedical Malpractice Damage Caps
AlabamaRuled unconstitutional by state courts
AlaskaNon-economic: Including wrongful death or a disability considered more than 70% disabling: $400,000. No cap on economic damages – Alaska Statutes 09.17.010
CaliforniaNon-economic: $250,000 No cap on economic damages – California Code of Civil Procedure sections 340.4 and 340.5
ColoradoNon-economic: $300,000 with total damages: $1,000,000 – Colorado Revised Statutes 13-80-102.5
District of ColumbiaNone
FloridaNon-Economic Damages: $500,000 for practitioners; $750,000 for non-practitioners; State Supreme Court ruled caps non-economic damages unconstitutional for wrongful death cases. No cap on economic damages. – Florida Statutes XLV.766.118
GeorgiaRuled unconstitutional by state courts
HawaiiNon-economic: $375,000 with limited exceptions. No cap on economic damages. – Hawaii Revised Statutes 663-8.7
IdahoNon-economic $250,000, adjusted annually for inflation. No cap on economic damages. – Idaho Code section 6-1603
IllinoisRuled unconstitutional by state courts
Indiana$1,250,000 total if it occurred after 1999. Providers liable for a maximum of $250,000 with the rest to be paid through state’s Patient Compensation Fund. – Indiana Code section 34-18-14-3
KansasNon-economic: $250,000
Louisiana$500,000 total plus the cost of future medical expenses. Health care providers liable for only $100,000 with the rest paid by compensation fund
MaineNon-economic: $500,000 on wrongful death. No other caps on medical malpractice cases. – Maine Revised Statutes Title 18A Section 2-804
MarylandNon-economic: $740,000 as of 2015 to increase $15,000 annually. No cap on economic damages.
MassachusettsNon-economic damages: $500,000. No cap on economic damages.
MichiganNon-economic: As of 2015 $444,900 or $794,500 for catastrophic/disabling injuries. Adjusts annually for inflation. No cap on economic damages.
MississippiNon-economic: $500,000. No cap on economic damages. – Mississippi Code section 11-1-60.
MissouriRuled unconstitutional by state courts
MontanaNon-economic: $250,000.  No cap on economic damages. – Montana Code Annotated section 25-9-411.
Nebraska$2,250,000 total except maximum of $500,000 for those qualifying entities under the Hospital-Medical Liability Act. – Nebraska Revised Statutes section 44-2825
NevadaNon-economic: $350,000. No cap on economic damages. – Nevada Revised Statutes section 41A.035
New HampshireRuled unconstitutional by state courts
New JerseyOnly punitive damages capped
New MexicoTotal: $600,000 except for past/future medical bills. Maximum provider liability is $200,000 with the rest paid by compensation fund.
New YorkNone
North CarolinaNon-economic: $500,000. No cap on economic damages. – North Carolina General Statutes section 90-21.19
North DakotaNon-economic: $500,000 however any award above $250,000 may be reviewed by judge.
OhioNon-economic: $250,000 or three times the plaintiff’s economic damages — with an overall maximum of $350,000 per plaintiff or $500,000 for each case (if there is more than one plaintiff). No cap on economic damages or wrongful death suits. – Ohio Revised Code section 2323.43.
OklahomaNon-economic $350,000 for OB/ER cases or if there’s an offer of judgment. No cap on economic damages. – Oklahoma Statutes section 23-61.2.
OregonNon-economic: $500,000 for wrongful death.
PennsylvaniaPunitive: Twice actual damages
Rhode IslandNone
South CarolinaNon-economic: $350,000 or facility against each provider adjusted annually for inflation. Total claim with multiple providers capped at $1,050,000. No cap on economic damages – South Carolina Code of Laws Title 15, Chapter 32.
South DakotaNon-economic: $500,000. No cap on economic damages – South Dakota Code of Laws section 21-3-11.
TexasNon-economic damages: $250,000 physicians or providers. Additional $250,000 against each health care institution. No cap on economic damages – Texas Civil Practice and Remedies Code section 74.301.
UtahNon-economic $450,000. No cap on economic damages – Utah Code section 78B-3-410.
VirginiaTotal damages $2,000,000 after July 2008. – Virginia Code section 8.01-581.15.
WashingtonRuled unconstitutional by state courts
West VirginiaNon-economic $250,000, adjusted for inflation annually with an absolute maximum of $375,000. In catastrophic cases, $500,000 adjusted annually up to a max of $750,000. No cap on economic damages – West Virginia Code section 55-7B-8.
WisconsinNon-economic $250,000, adjusted for inflation annually with an absolute maximum of $375,000. In catastrophic cases, $500,000 adjusted annually up to a max of $750,000. No cap on economic damages – Wisconsin Statutes section 893.55.
WyomingProhibited by state constitution
LEARN HOW WE'RE DIFFERENT Consult With Our Experienced Medical Malpractice Attorneys

Consult With Experienced Medical Malpractice Lawyers

If you or a loved one are a victim of an injury, and you wonder if doctor or hospital error may have been one of the causes, you may have a medical malpractice claim. The qualified Chicago medical malpractice attorneys at Cirignani Heller & Harman, LLP, have successfully litigated thousands of injury claims and obtained substantial awards for victims of medical malpractice in the Greater Chicago area. We have board-certified physicians and medically-trained attorneys ready to review your claim and help you or your loved one seek justice.

For a FREE Case Evaluation, call us at 312.346.8700 or contact us today via email.

Get a free consultation. Speak with a lawyer about your case.

Cirignani, Heller, and Harman Logo

At Cirignani Heller & Harman, LLP, we represent Illinois clients in Chicago and throughout Cook County, including the cities of Cicero, Elgin, Schaumburg, Oak Park, Maywood, Berwyn, Elmhurst, Evanston, Skokie, Des Plaines, Mount Prospect, Arlington Heights, Palatine and Hoffman Estates. We also help clients in DuPage County, Kane County, Lake County, McHenry County, Will County and Winnebago County. If you have been the victim of medical malpractice in Illinois, CHH Law is the law firm with attorneys that can help.

Email Us

CALL US: 312.346.8700 LAUNCH CHAT

Loading Animation
Close Chat Prompt Lawyers Ready To Chat