Civil Actions - Noneconomic Damages - Personal Injury and Wrongful Death

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0476*

HOUSE BILL 476
D3 6lr1385
HB 113/25 – JUD CF 6lr2942
By: Delegates Ziegler, Stewart, Boyce, Charkoudian, Foley, Kaufman, Ruff, and
Terrasa
Introduced and read first time: January 23, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Civil Actions – Noneconomic Damages – Personal Injury and Wrongful Death 2

FOR the purpose of repealing certain limitations on noneconomic damages in civil actions 3
for personal injury or wrongful death; and generally relating to noneconomic 4
damages. 5

BY repealing 6
Article – Courts and Judicial Proceedings 7
Section 11–108 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Courts and Judicial Proceedings 13

[11–108. 14

(a) (1) In this section the following words have the meanings indicated. 15

(2) (i) “Noneconomic damages” means: 16

1. In an action for personal injury, pain, suffering, 17
inconvenience, physical impairment, disfigurement, loss of consortium, or other 18
nonpecuniary injury; and 19

2. In an action for wrongful death, mental anguish, 20
emotional pain and suffering, loss of society, companionship, comfort, protection, care, 21
2 HOUSE BILL 476

marital care, parental care, filial care, attention, advice, counsel, training, guidance, or 1
education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this 2
article. 3

(ii) “Noneconomic damages” does not include punitive damages. 4

(3) “Primary claimant” means a claimant in an action for the death of a 5
person described under § 3–904(d) of this article. 6

(4) “Secondary claimant” means a claimant in an action for the death of a 7
person described under § 3–904(e) of this article. 8

(b) (1) In any action for damages for personal injury in which the cause of 9
action arises on or after July 1, 1986, an award for noneconomic damages may not exceed 10
$350,000. 11

(2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any 12
action for damages for personal injury or wrongful death in which the cause of action arises 13
on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. 14

(ii) The limitatio n on noneconomic damages provided under 15
subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year 16
beginning on October 1, 1995. The increased amount shall apply to causes of action arising 17
between October 1 of that year and September 30 of the following year, inclusive. 18

(3) (i) The limitation established under paragraph (2) of this subsection 19
shall apply in a personal injury action to each direct victim of tortious conduct and all 20
persons who claim injury by or through that victim. 21

(ii) In a wrongful death action in which there are two or more 22
claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 23
limitation established under paragraph (2) of this subsection, regardless of the number of 24
claimants or beneficiaries who share in the award. 25

(c) An award by the health claims arbitration panel in accordance with § 26
3–2A–05 of this article for damages in which the cause of action arose before January 1, 27
2005, shall be considered an award for purposes of this section. 28

(d) (1) In a jury trial, the jury may not be informed of the limitation 29
established under subsection (b) of this section. 30

(2) (i) If the jury awards an amount for noneconomic damages that 31
exceeds the limitation established under subsection (b) of this section, the court shall 32
reduce the amount to conform to the limitation. 33

(ii) In a wrongful death action in which there are two or more 34
claimants or beneficiaries, if the jury awards an amount for noneconomic damages that 35
HOUSE BILL 476 3

exceeds the limitation established under subsection (b)(3)(ii) of this section, the court shall: 1

1. If the amount of noneconomic damages for the primary 2
claimants equals or exceeds the limitation under subsection (b)(3)(ii) of this section: 3

A. Reduce ea ch individual award of a primary claimant 4
proportionately to the total award of all of the primary claimants so that the total award to 5
all claimants or beneficiaries conforms to the limitation; and 6

B. Reduce each award, if any, to a secondary claimant to zero 7
dollars; or 8

2. If the amount of noneconomic damages for the primary 9
claimants does not exceed the limitation under subsection (b)(3)(ii) of this section or if there 10
is no award to a primary claimant: 11

A. Enter an award to the primary claimant, if any, as 12
directed by the verdict; and 13

B. Reduce each individual award of a secondary claimant 14
proportionately to the total award of all of the secondary claimants so that the total award 15
to all claimants or beneficiaries conforms to the limitation. 16

(e) The provisions of this section do not apply to a verdict under Title 3, Subtitle 17
2A of this article for damages in which the cause of action arises on or after January 1, 18
2005.] 19

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 20
apply only prospectively and may not be applied or interpreted to have any effect on or 21
application to any cause of action arising before the effective date of this Act. 22

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24