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Statutes of Limitations

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How long is the statute of limitations for damage claims?

COLORADO

In order to recover, plaintiff’s negligence must be less than that of the defendant’s. $500K limit on pain and suffering for personal injury.

CONNECTICUT

For damages over $200,000, parties may agree to a 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.

INDIANA

Medical Malpractice: $500,000 limit for injury or death which increases depending on the date of malpractice. Also, numerous other limitations apply to damage awards.

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 the 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 a 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, the amount awarded for noneconomic damages may not exceed $500,000. This limitation has been held unconstitutional by the Supreme Court.

SOUTH DAKOTA

Only reduces plaintiff’s recovery if plaintiff’s negligence is found to be slight.

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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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