Damage caps by state

Pain and suffering caps

• Alaska: Greater of $400,000 or $8,000 x injured person's life expectancy in years; for severe permanent physical impairment or severe disfigurement, greater of $1,000,000 or $25,000 x life expectancy (AS 09.17.010) (AS 09.17.010(b), (c); AS 09.17.020(f), (g))
• Colorado: $1,500,000 for civil actions filed in 2025 or claims accruing on or after Jan 1, 2025 (excludes medical malpractice and wrongful death, which have separate caps), to be inflation-adjusted Jan 1, 2028 and every 2 years. Earlier claims: $250,000 (court may raise to $500,000 on clear and convincing evidence), CPI-adjusted; for claims accruing Jan 1, 2024 to Dec 31, 2024 the adjusted figure is $729,790 (max $1,459,600). (C.R.S. 13-21-102.5(3)(a)(II), as amended by HB24-1472; Colorado Secretary of State certificate of adjusted damage limitations (Jan. 27, 2026))
• Idaho: Base cap of $250,000 (2003), adjusted every July 1 by the change in the state average annual wage. It does not apply to willful or reckless misconduct or to acts found beyond a reasonable doubt to be a felony. (Idaho Code 6-1603; 6-1604(3))
• Maryland: Cap applies to all personal injury and wrongful death actions: $500,000 for causes of action arising on or after Oct 1, 1994, increasing $15,000 every Oct 1 ($965,000 for causes arising Oct 1, 2025 to Sep 30, 2026; $980,000 from Oct 1, 2026). Wrongful death with 2+ beneficiaries: 150% of the cap. (Md. Code, Cts. and Jud. Proc. Sec. 11-108(b))
• Mississippi: $1,000,000 cap on noneconomic damages in civil actions filed on or after Sept 1, 2004, other than medical malpractice (med mal cap $500,000). (Miss. Code Ann. Sec. 11-1-60(2)(b); Sec. 11-1-65(3)(a))
• Ohio: Greater of $250,000 or 3 times economic loss, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence. No cap for catastrophic injuries: permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical functional injury preventing independent self-care (Ohio Rev. Code 2315.18(B)(2)-(3); 2315.21(D)(2))
• Oklahoma: $500,000 per plaintiff for bodily injury claims (injuries on or after Sept 1, 2025); $1,000,000 for permanent mental injury that severely impairs employment or living standard; no cap for permanent and severe physical injury (substantial disfigurement, loss of use of a limb, loss or impairment of a major organ or system, or inability to care for self), or where the defendant was reckless, grossly negligent, fraudulent, or intentional/malicious (23 O.S. 61.3 (added by Laws 2025, c. 311, s 10, eff. Sept. 1, 2025); 23 O.S. 9.1)
• Tennessee: $750,000 per injured plaintiff for all injuries and occurrences; $1,000,000 for catastrophic loss or injury (e.g. paraplegia, quadriplegia, amputations, serious burns, wrongful death of a parent leaving a minor child); no cap where the defendant had specific intent to inflict serious injury, was intoxicated, or committed a felony causing the injury (Tenn. Code Ann. 29-39-102(a)(2), (c)-(d), (h) (2011 Tenn. Pub. Acts ch. 510); upheld in McClay v. Airport Management Services, LLC, 596 S.W.3d 686 (Tenn. 2020))

Caps limited to medical malpractice or claims against the government are not listed here.

Punitive damages

• Alabama: Greater of 3x compensatory or $500,000 generally; in physical injury cases greater of 3x compensatory or $1,500,000; small business defendants greater of $50,000 or 10% of net worth; fixed sums CPI adjusted every 3 years; does not apply to wrongful death or intentional infliction of physical injury (Ala. Code 6-11-21)
• Alaska: Greater of 3x compensatory or $500,000; if motivated by financial gain with known adverse consequences, greater of 4x compensatory, 4x financial gain, or $7,000,000 (AS 09.17.020)
• Colorado: Exemplary damages may not exceed actual damages; court may increase to up to 3x actual damages for continued willful and wanton conduct during the case (C.R.S. 13-21-102)
• Connecticut: Common law punitive damages are limited to litigation expenses (attorney fees and costs). Statutory: double or treble damages may be awarded against a driver who deliberately or with reckless disregard violated certain traffic statutes (Conn. Gen. Stat. 14-295); product liability punitive damages capped at 2x compensatory (52-240b).
• Florida: Greater of 3x compensatory or $500,000; if motivated solely by unreasonable financial gain and known dangerous, greater of 4x compensatory or $2,000,000; no cap if the defendant had a specific intent to harm and did harm the claimant
• Georgia: $250,000 cap for most torts; no cap for product liability, or where defendant acted with specific intent to harm or while impaired by alcohol or drugs
• Idaho: Greater of $250,000 or 3x compensatory damages (Idaho Code 6-1604(3))
• Indiana: Greater of 3x compensatory damages or $50,000 (Ind. Code 34-51-3-4)
• Kansas: Lesser of the defendant's highest annual gross income in the prior 5 years or $5 million (court may go up to 50% of net worth if income is clearly inadequate); if profitability of misconduct exceeds that, up to 1.5x the profit (K.S.A. 60-3702(e), (f))
• Louisiana: Punitive (exemplary) damages only where a statute allows them, e.g. La. C.C. art. 2315.4 for injuries caused by an intoxicated driver; no dollar cap.
• Massachusetts: Punitive damages only where a statute authorizes them (e.g. wrongful death, c. 229 Sec. 2); no general cap.
• Michigan: Michigan generally does not allow punitive damages unless a statute authorizes them (exemplary damages are compensatory).
• Mississippi: Capped by defendant net worth: $20M (net worth over $1B), $15M ($750M to $1B), $5M ($500M to $750M), $3.75M ($100M to $500M), $2.5M ($50M to $100M), 2% of net worth (net worth $50M or less).
• Missouri: Statutory cap: greater of $500,000 or 5 times the net judgment (exceptions: state as plaintiff, felony conviction, certain discrimination cases). Missouri Supreme Court (Lewellen v. Franklin, 2014) held the cap unconstitutional as applied to common-law claims that existed in 1820, which limits its reach.
• Montana: Capped at the lesser of $10 million or 3% of the defendant's net worth (not applicable to class actions).
• Nebraska: Punitive damages are not allowed in Nebraska (Neb. Const. art. VII, sec. 5 directs penalties to schools; courts have held punitive damages unconstitutional).
• Nevada: 3 times compensatory damages if compensatory damages are $100,000 or more; $300,000 if compensatory damages are less than $100,000 (exceptions e.g. defective products, insurer bad faith, DUI-related, hazardous materials, defamation).
• New Hampshire: Punitive damages are prohibited unless a statute provides otherwise (enhanced compensatory damages exist under case law).
• New Jersey: Capped at the greater of 5 times compensatory damages or $350,000 (exceptions include LAD, CEPA, bias crime, and drunk driving cases).
• North Carolina: Capped at the greater of 3 times compensatory damages or $250,000 (does not apply to DWI-related claims under N.C.G.S. 1D-26).
• North Dakota: Exemplary damages may not exceed the greater of 2 times compensatory damages or $250,000 (N.D. Cent. Code 32-03.2-11(4))
• Ohio: Generally limited to 2 times compensatory damages; for small employers or individuals, the lesser of 2 times compensatory or a percentage of net worth (Ohio Rev. Code 2315.21(D)(2))
• Oklahoma: Category II (intentional and malicious): greatest of $500,000, 2 times actual damages, or the defendant's financial benefit; Category III (intentional, malicious and life-threatening, beyond a reasonable doubt): no cap (23 O.S. 9.1)
• South Carolina: Greater of 3 times compensatory or $500,000; up to greater of 4 times compensatory or $2,000,000 for conduct motivated by unreasonable financial gain or felony conduct; no cap in listed cases such as intent to harm or DUI-type conduct (S.C. Code 15-32-530)
• Texas: Greater of (2 times economic damages plus noneconomic damages up to $750,000) or $200,000; cap does not apply to certain knowing or intentional felonies, including intoxication assault and intoxication manslaughter (Tex. Civ. Prac. and Rem. Code 41.008)
• Virginia: Total punitive damages against all defendants may not exceed $350,000 (Va. Code 8.01-38.1)
• West Virginia: Greater of 4 times compensatory damages or $500,000 (W. Va. Code 55-7-29(c), enacted 2015)
• Wisconsin: Greater of 2 times compensatory damages or $200,000; the cap does not apply against a defendant who was operating a vehicle while under the influence of an intoxicant to a degree that rendered them incapable of safe operation (Wis. Stat. 895.043(6))

All states