Civil Actions - Noneconomic Damages - Personal Injury and Wrongful Death
Summary
SB 584 would repeal Maryland’s statutory caps on noneconomic damages in civil actions for personal injury and wrongful death. The bill deletes Courts and Judicial Proceedings Article § 11-108 in its entirety, which currently limits awards for pain and suffering and other nonpecuniary losses in personal injury and wrongful death cases, including the special cap structure for multiple claimants in wrongful death actions. As drafted, the bill would remove the existing statewide ceiling and the related rules for reducing jury awards to fit within that ceiling.
The bill is prospective only and would apply to causes of action arising on or after its effective date, October 1, 2025. It would not affect claims that arose before that date. If enacted, courts would no longer be required to reduce noneconomic damages awards to conform to the current cap, and juries would no longer be subject to the statutory limitation in these cases.
Impact
This bill would substantially change Maryland tort law by eliminating the statutory limit on noneconomic damages for personal injury and wrongful death actions under Courts and Judicial Proceedings Article § 11-108. That would affect plaintiffs, defendants, insurers, and the civil litigation system by allowing juries and courts to award noneconomic damages without the current dollar cap, potentially increasing exposure in negligence and wrongful death cases. The bill preserves existing law only for claims arising before October 1, 2025, so its effect would be forward-looking rather than retroactive.
Sentiment
The available record does not include committee testimony, votes, or amendments, so there is no documented floor or committee sentiment to summarize from the provided materials. Based on the bill’s sponsor and subject matter, the measure appears to reflect a reform-oriented effort to expand recovery for injured plaintiffs and wrongful death beneficiaries by removing damages caps. No contrary positions are recorded in the supplied context.
Contention
The central point of contention is the repeal of the noneconomic damages cap itself. Supporters of repeal typically argue that caps can undercompensate seriously injured plaintiffs and wrongful death families, especially in cases involving severe pain, suffering, or loss of companionship. Opponents of repeal generally argue that caps help control insurance costs, reduce uncertainty for defendants, and limit large verdicts that may affect healthcare providers, businesses, and insurers. Because no hearing transcript or vote record is provided, the specific stakeholders taking those positions in this bill’s process are not identified in the supplied materials.