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Damages

COLORADO

In order to recover, plaintiff’s negligence must be less than that of defendant’s. $500,000 limit on pain and suffering for personal injury. Derivative damages awarded up to but no more than $250,000 if court finds they are justified by clear and convincing evidence. Recovery for physical impairment or disfigurement not limited. Ski Safety Act of 1979 amended to limit damages against ski area operators to $1,000,000 present value, also $250,000 cap on non-economic damages and derivative claims.

CONNECTICUT

For damages over $200,000, parties may agree to payment schedule or court will order lump sum payment.

IDAHO

Pain and suffering in personal injury or death actions limited to three times compensatory damages to a maximum of $250,000.

ILLINOIS

Illinois has a comprehensive scheme of statutes controlling damage recoveries that is based upon a number of variables such as the type of action, amount of the award, and date of occurrence.
Recovery in wrongful death action is without dollar limitation if death occurred on or after Aug. 8th, 1967. Jury determines amount of damages without regard to and with no special instructions as to statutory limit on recovery for deaths after 1967. Amount of damages shall be reduced or barred because of contributory fault of decedent or beneficiary as to actions accruing on or after 3/9/95. Recovery in tort actions other than those involving operation of State vehicle against State is limited to $100,000.
Recovery against State for time unjustly served in prison is limited to various amounts up to $35,000 plus cost of living adjustment, depending on length of imprisonment, except court of claims shall make adjustment in maximum award to reflect increase in cost of living after Dec. 31, 1996 but no annual increase greater than 5% and attorney’s fees not to exceed 25% of award granted. Recovery under Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics and Fireman Compensation Act limited to $10,000 if death occurred prior to Jan. 1 1974. (Other limitations apply)

INDIANA

Medical Malpractice: $500,000 limit for injury or death which increases depending on the date of malpractice. That limit was increased to $750,000 for malpractice occurring after Jan. 1st, 1990 and to $1,250,000 for malpractice occurring after June 30th, 1999. Act applies to all “qualified” health care providers, and maximum recovery from health care provider is  $250,000. Also, numerous other limitations apply to damage awards.
Damages for lost love and companionship from wrongful death of unmarried adult person without dependents is limited to $300,000.

MARYLAND

Numerous rules apply to limit damage awards in personal injury and wrongful death actions.
In personal injury actions in which cause of action arose on or after July 1st, 1986, $350,000 limit for noneconomic damages, including pain and suffering, impairment, disfigurement, loss of consortium. In personal injury and wrongful death actions in which cause of action arose on or after Oct. 1st, 1994, $500,000 limit for noneconomic damages. Limitation on noneconomic damages will increase by $15,000 on Oct. 1st of each year beginning Oct. 1st 1995. Noneconomic damages in wrongful death actions include mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, filial care, parental care, attention, advice, counsel, training, guidance or education.

MICHIGAN

Common law generally governs compensatory damages. Exemplary damages in excess of pecuniary loss are allowed, as compensation to plaintiff, where plaintiff is victim of tortuous conduct on part of defendant.

MISSISSIPPI

No award of punitive damages shall exceed the following: $20,000,000 for defendant with net worth of more than $1,000,000,000; $15,000,000 for defendant with net worth of more than $750,000,000 but no more than $1,000,000,000; $5,000,000 for defendant with net worth of more than $500,000,000 but no more than $750,000,000; $3,750,000 for defendant with net worth of more than $100,000,000 but no more than $500,000,000; $2,500,000 for defendant with net worth of more that $50,000,000 but no more than $100,000,000; 2% of defendant’s net worth if it is $50,000,000 or less.

MISSOURI

Cap on noneconomic damages for all plaintiffs is $350,000, irrespective of number of defendants.

NEVADA

Medical malpractice pain and suffering limited to $350,000 unless gross malpractice or exceptional circumstances.  Damages limited to insurance coverage.

OHIO

There is no limit on amount of compensatory damages for economic loss. Generally, compensatory damages for noneconomic loss may not exceed $250,000 or amount equal to three times economic loss, as determined by tier of fact, to maximum of $350,000 for each plaintiff or $500,000 for each occurrence.

OREGON

In any claim for bodily injury, death, or property damage, including claims for emotional injury or distress, death or property damage, amount awarded for noneconomic damages may not exceed $500,000. This limitation has been held unconstitutional by Supreme Court.

SOUTH DAKOTA

Medical malpractice limited to $500,000.