Damage Caps by State

Which states cap non-economic damages such as pain and suffering in ordinary injury cases, the amounts, and the courts that struck caps down.

Updated Oct 12, 2026How we calculate

State	Cap on non-economic damages	Details	Source
Alabama	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Alaska	From $400,000 non-economic	$400,000 or $8,000 times the injured person’s remaining life expectancy, whichever is greater. For severe permanent impairment or disfigurement, $1 million or $25,000 times life expectancy.	Alaska Stat. § 09.17.010
Arizona	None on injury damages	None. Arizona’s constitution bars limits on injury damages.	Ariz. Const. art. II, § 31
Arkansas	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
California	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Colorado	$1,500,000 non-economic	$1.5 million on non-economic damages for claims that arose on or after January 1, 2025.	Colo. Rev. Stat. § 13-21-102.5
Connecticut	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Delaware	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
District of Columbia	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Florida	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Georgia	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Hawaii	$375,000 non-economic	$375,000 on pain and suffering, with exceptions for many serious injuries, including disfigurement, loss of a bodily function and intentional or reckless conduct.	Haw. Rev. Stat. § 663-8.7
Idaho	Non-economic cap applies	A cap on non-economic damages that started at $250,000 and is adjusted every July 1 for wage growth. It does not apply to willful or reckless conduct.	Idaho Code § 6-1603
Illinois	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Indiana	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Iowa	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Kansas	None on injury damages	None on injury damages. The Kansas Supreme Court struck down the non-economic cap in 2019.	Hilburn v. Enerpipe Ltd., 442 P.3d 509 (Kan. 2019)
Kentucky	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Louisiana	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Maine	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Maryland	$965,000 non-economic	$965,000 on non-economic damages for injuries on or after October 1, 2026. The cap rises by $15,000 every October 1.	Md. Code, Cts. & Jud. Proc. § 11-108
Massachusetts	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Michigan	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Minnesota	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Mississippi	$1,000,000 non-economic	$1 million on non-economic damages ($500,000 in medical malpractice cases).	Miss. Code § 11-1-60
Missouri	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Montana	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Nebraska	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Nevada	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
New Hampshire	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
New Jersey	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
New Mexico	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
New York	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
North Carolina	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
North Dakota	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Ohio	$250,000–$350,000 non-economic	Non-economic damages are capped at the greater of $250,000 or three times economic damages, up to $350,000 per person. There is no cap for catastrophic injuries such as permanent loss of a limb or bodily function.	Ohio Rev. Code § 2315.18
Oklahoma	None on injury damages	None on injury damages. The Oklahoma Supreme Court struck down the non-economic cap in 2019.	Beason v. I.E. Miller Services, 2019 OK 28
Oregon	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Pennsylvania	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Rhode Island	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
South Carolina	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
South Dakota	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Tennessee	$750,000 non-economic	$750,000 on non-economic damages, or $1 million for catastrophic injuries such as paralysis, amputation or severe burns.	Tenn. Code § 29-39-102
Texas	None on injury damages	None on injury damages. Medical malpractice and punitive damages have separate caps.	Tex. Civ. Prac. & Rem. Code § 41.008
Utah	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Vermont	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Virginia	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Washington	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
West Virginia	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Wisconsin	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
Wyoming	None on injury damages	No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Last reviewed October 2026. Rules change: check the statute or ask a lawyer licensed in the state before relying on any row. Data feed: JSON.

Most states do not cap ordinary injury damages

Caps on pain and suffering are most common in medical malpractice cases. Only a handful of states cap non-economic damages in ordinary injury claims, such as car crashes and falls. Several states have struck caps down as unconstitutional.

Economic damages are rarely capped

Medical bills and lost income are almost never capped. Caps apply to pain and suffering, emotional distress and loss of enjoyment of life, and separately to punitive damages in many states.

How the calculators use caps

Where a cap applies to ordinary injury claims and has a clear dollar figure, the calculators apply it when your pain and suffering estimate passes it. Where exceptions are broad, such as Hawaii’s, the cap is shown but not applied.