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Noneconomic Damages Reform

The damages include such things as pain and suffering, emotional distress and loss of consortium or companionship, which do not involve cash loss and have, therefore, no precise cash value. It is very difficult for juries to assign a dollar value to these losses, particularly with the minimal guidance they are normally given. As a result, these awards tend to be erratic and, because of the highly charged environment of personal injury trials, excessive.

ATRA Recommendation: States should establish dollar limits on recoveries of non-economic loss in all cases. This is a direct and effective way to address the problem.

Limits on Noneconomic Damages as of June 30, 2001

Alaska

$400,000 - noneconomic damages or $8,000 times the years of the plaintiff's life expectancy, whichever is greater. In cases of severe permanent physical impairment or severe disfigurement, noneconomic damages are limited to the greater of $1 million or $25,000 times the years of the plaintiff's life expectancy.

Colorado

$250,000 - noneconomic damages in all civil actions unless court finds clear justification to exceed, but in no event more than $500,000; total recovery not to exceed $1 million.

Hawaii

$375,00 - pain and suffering (does not include mental anguish, disfigurement, loss of enjoyment of life, loss of consortium).

Idaho

$400,000 - noneconomic damages in personal injury cases, increases/decreases annually according to state's adjustment of average annual wage.

Kansas

$250,000 - noneconomic damages in all personal injury cases.

Maryland

$350,000 - noneconomic damages in all personal injury actions, except wrongful death which has a $500,000 limit, unless two or more beneficiaries in which case there is a $700,000 limit.

Minnesota

$400,000 - intangible losses in all civil actions (embarrassment, emotional distress, loss of consortium, not pain and suffering or disfigurement.)

LIMITS ON NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE AWARDS

California

$250,000 - noneconomic damages in medical liability actions.

Florida

$250,000 - noneconomic damages in medical liability actions;

$350,000 - $250,000 limit applies to binding arbitration and $350,000 limit applies to arbitration cases which proceed to trial.

Massachusetts

$500,000 - noneconomic damages in medical liability actions.

Michigan

$280,000 - noneconomic damages in medical liability actions, limit increased annually by increase in consumer price index.

Missouri

$350,000 - noneconomic damages in medical liability actions, increased or decreased annually according to figures determined by U.S. Department of Commerce.

Montana

$250,000 - noneconomic damages in medical liability actions.

Louisiana

$500,000 - total amount of damages for all malpractice cases is limited to $500,000, plus interest and costs, exclusive of future medical care and related benefits.

Nebraska

$1.25 million - total amount recoverable by a plaintiff against a health care provider, including amounts from the Excess Liability Fund, may not exceed $1.25 million dollars.

New Mexico

$600,000 - aggregate dollar limit recoverable may not exceed $500,000, except for punitive damages and medical care and related costs. Health care providers not liable for any amount over $100,000. Monetary damages for future medical expenses shall not be awarded in medical malpractice cases. In 1995, the limit will be raised to $600,000.

North Dakota

$500,000 - noneconomic damages in medical liability actions.

South Dakota

1 million - noneconomic damages in medical liability actions.

Utah

$250,000 - noneconomic damages in medical liability actions.

West Virginia

$1 million - damages in a medical injury suit shall not exceed one million dollars and the jury must be so instructed.

Wisconsin

$350,000 - noneconomic damages in medical liability actions, indexed for inflation.

Note: Two states limit the total amount of compensatory damages recoverable in medical liability actions.

Indiana

$750,000 - compensatory damages in medical liability actions.

Virginia

$1 million - compensatory damages in medical liability actions.

Note: Michigan limits noneconomic damages in product liability actions.

Michigan

$280,000 - limits noneconomic damages at $280,000 unless death or $500,000 loss of vital bodily function which extends limit to $500,000 in product actions.

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