Maryland’s Cap on Damages: A Law that Denies Justice
Maryland’s cap on noneconomic damages has been in place for over 40 years, and it’s time to recognize that this outdated law has real consequences for real people. The cap limits how much a person can recover for things like pain, suffering, and loss of companionship, which are often the most profound impacts of serious injuries.
For victims of catastrophic injuries, this law sends a powerful, but unjust message: Your pain has a price, and it’s less than what you truly deserve. Whether it’s someone who’s lost a limb or someone who suffers from life-long brain damage, the law places a fixed price on their suffering. This doesn't just diminish their pain, it denies them full justice.
MAA’s very own Bruce Plaxen wrote an op-ed for The Baltimore Sun discussing our fight. Read more here: https://www.baltimoresun.com/2025/07/12/time-for-civil-justice-reform-in-maryland-is-now-guest-commentary/
Why Does This Matter?
The cap doesn’t just impact one group; it disproportionately harms the most vulnerable people in our society. Women, children, elderly individuals, and people of color often face historic undervaluation in our justice system. Maryland’s cap on damages deepens these disparities, reinforcing systemic inequities under the guise of fiscal responsibility.
This is not just a theoretical issue. It’s a real problem that affects the most seriously injured people every day. Survivors of life-altering trauma, like those who’ve been paralyzed or lost loved ones to negligence, are left with a pre-determined price tag on their suffering.
The Case for Repealing the Cap
In the 2025 legislative session, House Bill 113 was introduced to repeal the damages cap, offering a glimmer of hope for the victims who have been denied full compensation. Unfortunately, the bill was denied a vote - a missed opportunity to bring real change to Maryland’s civil justice system.
Marylanders deserve better. We deserve a system that values human suffering and gives local juries the power to make decisions based on facts and the real-world consequences of actions. When a jury listens to evidence, sees witnesses, and feels the human toll, they should be trusted to deliver a fair verdict.
The fight to remove the cap on damages is far from over, and we will keep fighting.
