| State |
Damage
Caps |
Limits
On Attorney Fees? |
| Alabama |
None |
No |
| Arkansas |
None |
No |
| Florida |
None,
if neither party requests arbitration or the defendant refuses to
arbitrate.
If the plaintiff refuses, economic and noneconomic damages are
capped at $350,000.
If the parties arbitrate, noneconomic damages are capped at
$250,000. |
Yes.
Levels vary based on how far the proceedings go before payment is
received (settled, litigated, etc.) |
| Georgia |
$250,000 cap on
punitive damages |
No |
| Kentucky |
None |
No |
| Louisiana |
$500,000
cap on total damages, excluding damages recoverable for future medical
care. |
No |
| Maryland |
$500,000
cap on noneconomic damages on action for personal injury or wrongful
death, increased by $15,000 annually beginning
10/1/95
.
In wrongful death actions with two or more claimants or
beneficiaries, an award of noneconomic damages may be up to 150% of the
limit. |
No |
| Mississippi |
$500,000
cap on noneconomic damages except in cases where the patient suffers
disfigurement or if the judge determines punitive damages are warranted.
Cap will be adjusted to $750,000 for causes of action filed after
7/1/2011
and to $1 million for causes of action filed after
7/1/2017
. |
No |
| Missouri |
$350,000
cap on noneconomic damages, adjusted annually for inflation. |
No |
| North Carolina |
Punitive damages against a
defendant may not exceed three times the amount of compensatory damages or
$250,000, whichever is greater. |
No |
| Oklahoma |
Punitive
damages for cases where the defendant acted with reckless disregard are
limited to the greater of $100,000 or the amount of actual damages
awarded.
No limit on punitive damages for cases where the defendant acted
intentionally and with malice. |
Yes.
In contingency fee arrangements, attorney may not contract to receive more
than 50% of the recovery. |
| South Carolina |
None |
No |
| Tennessee |
None |
Yes.
Attorney compensation shall be awarded by the court, but may not exceed 33
1/3% of total damages. |
| Texas |
$500,000
cap on all damages for wrongful death, indexed for inflation since 1977.
In 2002 the cap reached approximately $1.4 million. |
No |
| Virginia |
$1.5
million cap on total damages for acts occurring on or after
Aug.
1, 1999
.
This cap is increased by $50,000 annually until 2007.
In 2007 and 2008, the cap is increased by $75,000. |
No |
| West Virginia |
$1 million cap on
noneconomic damages. |
No |
