Maryland’s Non-Economic Cap for Victims of Crime
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.