Causes of Action Arising [1]

Personal Injury Cases

Wrongful Death Cases

ON OR AFTER OCTOBER 1, 2004

$650,000 [2] [3] [4]

$650,000 – 1 claimant

$975,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2005

$665,000 [5]

$665,000 – 1 claimant

$997,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2006

$680,000

$680,000 – 1 claimant

$1,020,000 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2007

$695,000

$695,000 – 1 claimant

$1,042,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2008

$710,000

$710,000 – 1 claimant

$1,065,000 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2009

$725,000

$725,000 – 1 claimant

$1,087,500– 2 or more claimants

ON OR AFTER OCTOBER 1, 2010

$740,000

$740,000 – 1 claimant

$1,110,000 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2011

$755,000

$755,000 – 1 claimant

$1,132,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2012

$770,000

$770,000 – 1 claimant

$1,155,000– 2 or more claimants

ON OR AFTER OCTOBER 1, 2013

$785,000

$785,000 – 1 claimant

$1,177,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2014

$800,000

$800,000 – 1 claimant

$1,200,000 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2015

$815,000

$815,000 – 1 claimant

$1,222,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2016

$830,000

$830,000 – 1 claimant

$1,245,000 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2017

$845,000

$845,000 – 1 claimant

$1,267,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2018

$860,000

$860,000 – 1 claimant

$1,290,000 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2019

$875,000

$875,000 – 1 claimant

$1,312,500 – 2 or more claimants

ON OR AFTER OCTOBER 1, 2020

$890,000

$890,000 – 1 claimant

$1,335,000 – 2 or more claimants

[1]  A cause of action arises when the facts to support each element of the cause of action exist and not when the cause of action is discovered.  Owens-Illinois v. Armstrong, 326 Md. 107, 604 A.2d 47, 506 U.S. 871, 113 S. Ct. 204, 121 L. Ed. 145 (1992).

[2] The cap is not applicable to intentional torts,  Cole v. Sullivan, 110 Md. App. 79,676 A. 2d 85 (1996); nor is it applicable to punitive damages, see MD.CODE ANN., CTS. AND JUD. PROC., 11-108(a)(2).

[3] There is no separate cap for consortium which is a “derivative” claim, Oaks v. Connor, 339 Md. 24, 660 A. 2d 423 (1995); see also MD.CODE ANN., CTS. AND JUD. PROC., 11-108(b)(3)(i).

[4] The cap applies to all plaintiffs not each plaintiff in a wrongful death action. Bartucco v. Wright, 746 F. Supp. 604 (1). Md. (1990). Where there are two or more claimants, the award may not exceed 150% of the individual amount. See MD.CODE ANN., CTS. AND JUD. PROC., 11-108(b)(3)(i).

[5] The cap is increased $15,000 per year each year.