A jury can award one amount and the court can enter judgment for less. Many states cap non-economic damages — compensation for pain, suffering and lost quality of life — especially in medical malpractice cases, and many limit punitive damages. Separately, every state applies a fault rule that can reduce or bar a recovery when the injured person shares some of the blame.
The lookup below shows each state’s caps and fault rule with statute citations, and includes a calculator that illustrates how the fault rule changes an award.
Damage Cap & Fault Rule Lookup
See whether a state limits non-economic or punitive damages, which fault rule it uses, and how a share of fault would affect a recovery under that rule.
The fault calculator illustrates how each rule works mathematically; it is not an estimate of any real claim. Caps often have exceptions, inflation adjustments and court challenges. Figures reflect our review as of November 2026. Torts and Actions is not a law firm and this is not legal advice.
Damage Caps and Fault Rules by State
| State | Fault rule | Non-economic cap (general) | Non-economic cap (malpractice) | Punitive damages |
|---|---|---|---|---|
| Alabama | Pure contributory negligence | No general cap | No cap | Greater of 3x compensatory or $500,000; physical-injury cases greater of 3x compensatory or $1,500,000; small business (net worth ≤ $2M) greater of $50,000 or 10% of net worth. Caps reported not to apply to wrongful death or intentional infliction of physical injury (Ala. Code §§ 6-11-21, 6-11-29). |
| Alaska | Pure comparative | Greater of $400,000 or $8,000 x life expectancy in years; for severe permanent physical impairment or severe disfigurement, greater of $1,000,000 or $25,000 x life expectancy (Alaska Stat. § 09.17.010). Not inflation-adjusted. | $250,000 per injury regardless of number of providers; $400,000 for wrongful death or severe permanent physical impairment >70% disabling; does not apply to reckless or intentional misconduct (Alaska Stat. § 09.55.549). Not inflation-adjusted. | Greater of 3x compensatory or $500,000; if conduct was financially motivated with known adverse consequences, greater of 4x compensatory, 4x defendant's financial gain, or $7,000,000; lower tiers for employment-discrimination claims (Alaska Stat. § 09.17.020(f)-(h)). |
| Arizona | Pure comparative | No general cap | No cap | No statutory cap |
| Arkansas | Modified comparative (50% bar) | No general cap | No cap | No statutory cap |
| California | Pure comparative | No general cap | MICRA as amended by AB 35 (Cal. Civ. Code § 3333.2): for 2026, $470,000 (non-death) and $650,000 (wrongful death); began at $350,000/$500,000 on Jan 1, 2023 and rises $40,000/$50,000 each Jan 1 to $750,000/$1,000,000, then 2% per year from 2034. Amount in effect at judgment/settlement applies; separate caps may apply to different categories of defendants. | No statutory cap |
| Colorado | Modified comparative (50% bar) | $1,500,000 for civil actions filed on or after Jan 1, 2025, or claims accruing on or after that date (Colo. Rev. Stat. § 13-21-102.5(3)(a)(II), HB 24-1472); inflation-adjusted Jan 1, 2028 and every two years after. General wrongful-death noneconomic cap: $2,125,000 (§ 13-21-203). | Phase-in by date of act or omission (Colo. Rev. Stat. § 13-64-302(1)(c), HB 24-1472): $415,000 (2025), $530,000 (2026), $645,000 (2027), $760,000 (2028), $875,000 (2029), then inflation-adjusted every two years from 2030. Total med-mal damages cap is the greater of $1,000,000 or 125% of the med-mal wrongful-death noneconomic cap (court may exceed for economic damages on good cause). | Exemplary damages may not exceed actual (compensatory) damages; court may increase up to 3x actual damages if the defendant's willful and wanton conduct continued during the case (Colo. Rev. Stat. § 13-21-102(1)(a), (3)). |
| Connecticut | Modified comparative (51% bar) | No general cap | No cap | Common-law punitive damages are limited to the plaintiff's litigation expenses (attorney's fees and costs); product-liability punitive damages are capped at 2x compensatory damages (Conn. Gen. Stat. § 52-240b). |
| Delaware | Modified comparative (51% bar) | No general cap | No cap | No statutory cap |
| District of Columbia | Pure contributory negligence | No general cap | No cap | No statutory cap |
| Florida | Modified comparative (51% bar) | No general cap | No cap | Greater of 3x compensatory or $500,000; greater of 4x compensatory or $2,000,000 if motivated solely by unreasonable financial gain with knowledge by managing agents; no cap if specific intent to harm (Fla. Stat. § 768.73(1)). |
| Georgia | Modified comparative (50% bar) | No general cap | No cap | $250,000 (O.C.G.A. § 51-12-5.1(g)); no cap in product-liability cases (75% of the award, less a share of costs, goes to the state) or where the defendant acted with specific intent to harm or while impaired by alcohol or drugs (§ 51-12-5.1(e), (f)). |
| Hawaii | Modified comparative (51% bar) | $375,000 cap on pain and suffering (Haw. Rev. Stat. § 663-8.7), but it does NOT apply to intentional torts, environmental pollution, toxic and asbestos torts, aircraft accidents, strict and products liability, or motor vehicle accidents (§ 663-10.9(2)). Not inflation-adjusted. | $375,000 pain-and-suffering cap (Haw. Rev. Stat. § 663-8.7) applies, since medical negligence is not an excepted category. | No statutory cap |
| Idaho | Modified comparative (50% bar) | $538,425.04 effective July 1, 2026 (statutory base $250,000, adjusted each July 1 by the Idaho Industrial Commission's average-wage change); does not apply to willful or reckless misconduct or felonious acts (Idaho Code § 6-1603). | Same cap as general personal injury ($538,425.04 from July 1, 2026; Idaho Code § 6-1603 applies to all personal-injury and death actions). | Greater of $250,000 or 3x compensatory damages (Idaho Code § 6-1604(3)). |
| Illinois | Modified comparative (51% bar) | No general cap | No cap | No statutory cap |
| Indiana | Modified comparative (51% bar) | No general cap | No separate noneconomic cap; the TOTAL med-mal recovery is capped at $1,800,000 for acts after June 30, 2019 (provider pays up to $500,000, balance from the Patient's Compensation Fund) (Ind. Code § 34-18-14-3). Fixed by statute, not inflation-indexed. | Greater of 3x compensatory or $50,000 (Ind. Code § 34-51-3-4); most of the award goes to the state. |
| Iowa | Modified comparative (51% bar) | None generally. Exception: $5,000,000 per plaintiff against owners or operators of CDL commercial motor vehicles, lifted for listed aggravating conduct (Iowa Code § 668.15A, eff. July 1, 2023). | $250,000; or, if the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, $1,000,000 (or $2,000,000 if a hospital is a defendant). Increases 2.1% each Jan 1 starting 2028; no cap for actual malice (Iowa Code § 147.136A, as amended by 2023 HF 161). | No statutory cap |
| Kansas | Modified comparative (50% bar) | No general cap | Disputed. Kan. Stat. Ann. § 60-19a02 still says $350,000 (claims accruing on or after July 1, 2022), but Hilburn v. Enerpipe (Kan. 2019) held that cap facially unconstitutional in personal-injury actions and overruled the reasoning of Miller v. Johnson (2012, a med-mal case). Whether it can still apply in med-mal cases has been argued but not definitively resolved. | Lesser of the defendant's highest annual gross income in the prior 5 years (court may go up to 50% of net worth if that is clearly inadequate) or $5,000,000; if the misconduct's profitability exceeds that, up to 1.5x the profit (Kan. Stat. Ann. § 60-3702(e), (f)). |
| Kentucky | Pure comparative | No general cap | No cap | No statutory cap |
| Louisiana | Modified comparative (51% bar) | No general cap | $500,000 total cap on all damages except future medical care and related benefits, for qualified private health care providers (La. R.S. 40:1231.2); not inflation-adjusted. A separate cap applies to state providers (La. R.S. 40:1237.1) | Punitive (exemplary) damages are generally not allowed. They are available only where a statute authorizes them (e.g. La. Civ. Code arts. 2315.4 for intoxicated drivers, 2315.7, 2315.8), and those articles set no dollar cap |
| Maine | Modified comparative (50% bar) | No general cap | No cap | No general cap. In wrongful death actions, punitive damages are capped at $500,000 (18-C M.R.S. sec. 2-807(2)) |
| Maryland | Pure contributory negligence | $980,000 for causes of action arising Oct. 1, 2026 to Sept. 30, 2027 ($965,000 for Oct. 1, 2025 to Sept. 30, 2026). The cap rises $15,000 each Oct. 1. Wrongful death with 2+ beneficiaries is capped at 150% of the limit (CJP sec. 11-108) | $920,000 for causes of action arising in calendar 2026 ($665,000 in 2009, plus $15,000 each Jan. 1). Wrongful death with 2+ claimants is capped at 125% of the limit (CJP sec. 3-2A-09) | No statutory cap |
| Massachusetts | Modified comparative (51% bar) | No general cap | $500,000 for pain and suffering (M.G.L. c. 231, sec. 60H). Not inflation-adjusted. Does not apply if the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances | Punitive damages are allowed only where a statute authorizes them (e.g. wrongful death for malicious, willful, wanton or reckless conduct or gross negligence, with a $5,000 minimum, c. 229 sec. 2; multiple damages under c. 93A). No general cap |
| Michigan | Modified comparative (51% bar) | No general cap. Product liability noneconomic cap is about $596,400, or about $1,065,000 for death or permanent loss of a vital bodily function (2026 Treasury-adjusted, MCL 600.2946a) | About $596,400 standard / $1,065,000 upper tier (for injuries such as paralysis, cognitive impairment or loss of reproductive organs) for 2026, adjusted annually by the State Treasurer (MCL 600.1483) | Punitive damages not allowed (Michigan permits only compensatory 'exemplary' damages unless a statute authorizes otherwise) |
| Minnesota | Modified comparative (51% bar) | No general cap | No cap | No statutory cap |
| Mississippi | Pure comparative | $1,000,000 for civil actions other than medical malpractice filed on or after Sept. 1, 2004 (Miss. Code Ann. sec. 11-1-60(2)(b)). Not inflation-adjusted | $500,000 (Miss. Code Ann. sec. 11-1-60(2)(a)). Not inflation-adjusted | Capped by the defendant's net worth: $20M (over $1B net worth); $15M ($750M to $1B); $5M ($500M to $750M); $3.75M ($100M to $500M); $2.5M ($50M to $100M); 2% of net worth ($50M or less). No cap where the defendant was convicted of a felony that caused the harm or was under the influence of alcohol or drugs (Miss. Code Ann. sec. 11-1-65(3)) |
| Missouri | Pure comparative | No general cap | Base amounts are $400,000 (ordinary injury) and $700,000 (catastrophic injury or death), increasing 1.7% each Jan. 1 (Mo. Rev. Stat. sec. 538.210). Calculated 2026 values are about $481,444 and $842,614 (official Missouri Register figure not reviewed) | The greater of $500,000 or 5 times the net judgment (Mo. Rev. Stat. sec. 510.265). Held unconstitutional as applied to common-law claims tried to a jury (Lewellen v. Franklin, 441 S.W.3d 136 (Mo. 2014)), so it effectively applies only to statutory causes of action |
| Montana | Modified comparative (51% bar) | No general cap | $250,000 for all claimants against all health care providers per occurrence; not inflation-adjusted (Mont. Code Ann. 25-9-411) | The lesser of $10 million or 3% of the defendant's net worth (Mont. Code Ann. 27-1-220(3)). Does not apply to class actions |
| Nebraska | Modified comparative (50% bar) | No general cap | Total-damages cap (economic and noneconomic) of $2,250,000 per occurrence for occurrences after Dec. 31, 2014. Applies only to providers qualified under the Nebraska Hospital-Medical Liability Act. Provider personal liability is capped at $800,000, with the excess paid by the Excess Liability Fund. Not inflation-adjusted (Neb. Rev. Stat. sec. 44-2825) | Punitive damages not allowed (Neb. Const. art. VII, sec. 5, as interpreted by the Nebraska Supreme Court) |
| Nevada | Modified comparative (51% bar) | No general cap | $590,000 in 2026 under NRS 41A.035 as amended by AB 404 (2023). The cap was $350,000 before 2024 and rises $80,000 each Jan. 1 to $750,000 in 2028, then 2.1% a year from 2029. The Nevada Supreme Court publishes the annual amounts | 3 times compensatory damages if compensatory is $100,000 or more, otherwise $300,000 (NRS 42.005(1)). Exceptions include product manufacturers and distributors, insurer bad faith, hazardous waste, housing discrimination, defamation, and DUI-related harm (NRS 42.005(2), 42.010) |
| New Hampshire | Modified comparative (51% bar) | No general cap | No cap | Punitive damages not allowed unless a statute provides for them (RSA 507:16). Enhanced compensatory damages for wanton or malicious conduct are permitted under case law |
| New Jersey | Modified comparative (51% bar) | No general cap | No cap | The greater of 5 times compensatory damages or $350,000 (N.J.S.A. 2A:15-5.14(b)). Exceptions include bias crimes, LAD and CEPA claims, drunk driving, AIDS-testing disclosure and sexual abuse |
| New Mexico | Pure comparative | No general cap | Caps total damages except punitive damages and medical care (NMSA sec. 41-5-6, as amended by HB 99 (2026), effective May 20, 2026). Independent providers: $750,000 per occurrence, CPI-adjusted annually from 2023. Independent outpatient facilities: $1,000,000 for 2024, CPI-adjusted from 2025. Hospitals and hospital-controlled outpatient facilities: $6,000,000 for 2026 injuries, CPI-adjusted from 2027. Applies only to providers qualified under the Act | No general cap. In medical malpractice (HB 99, NMSA sec. 41-5-7.1, effective May 20, 2026): clear and convincing evidence required, punitive damages cannot be pleaded in the initial complaint, and they are capped at the applicable sec. 41-5-6 limit for independent providers, independent outpatient facilities and New Mexico-owned stand-alone hospitals, or 2.5 times that limit for other hospitals and hospital systems |
| New York | Pure comparative | None generally. A new $100,000 noneconomic cap (Insurance Law sec. 5104(d), 2026) applies only to certain at-fault motor-vehicle claimants: uninsured, convicted of impaired driving, or convicted of a crash-related felony. It does not apply to death cases | No cap | No statutory cap |
| North Carolina | Pure contributory negligence | No general cap | $712,847 as of Jan. 1, 2026 ($656,730 from Jan. 1, 2023). The base was $500,000 in 2011, reset for inflation every 3 years by OSBM (G.S. 90-21.19). No cap where the defendant's reckless, malicious, intentional or grossly negligent conduct (or falsified records) caused disfigurement, loss of use of a body part, permanent injury or death | The greater of 3 times compensatory damages or $250,000 (N.C. Gen. Stat. sec. 1D-25). Does not apply to drunk-driving cases |
| North Dakota | Modified comparative (50% bar) | No general cap | $500,000 total noneconomic damages per claimant/family in health care malpractice actions (N.D.C.C. § 32-42-02); not inflation-adjusted | Greater of 2x compensatory damages or $250,000 (N.D.C.C. § 32-03.2-11(4)) |
| Ohio | Modified comparative (51% bar) | Greater of $250,000 or 3x economic loss, up to $350,000 per plaintiff / $500,000 per occurrence; no cap for permanent and substantial physical deformity, loss of use of a limb or bodily organ system, or injury preventing independent self-care (Ohio Rev. Code § 2315.18). Upheld in Arbino v. Johnson & Johnson (2007); held unconstitutional as applied to a child sexual-abuse victim in Brandt v. Pompa (2022). | Greater of $250,000 or 3x economic loss, up to $350,000 per plaintiff / $500,000 per occurrence; up to $500,000 per plaintiff / $1,000,000 per occurrence for specified catastrophic injuries (Ohio Rev. Code § 2323.43(A)(2)-(3)); not inflation-adjusted | 2x compensatory damages; for small employers and individuals, the lesser of 2x compensatory or 10% of net worth up to $350,000 (Ohio Rev. Code § 2315.21(D)(2)) |
| Oklahoma | Modified comparative (51% bar) | For injuries on or after Sept. 1, 2025: $500,000 in bodily-injury actions; $1,000,000 for permanent mental injury that severely impairs employability or standard of living; no cap for permanent and severe physical injury, or where defendant acted with reckless disregard, gross negligence, fraud, or intent/malice (clear and convincing evidence). Does not apply to wrongful death (Okla. Const. art. XXIII § 7) or Governmental Tort Claims Act cases (23 Okla. Stat. § 61.3, enacted by SB 453 (2025)). The prior $350,000 cap (§ 61.2) was struck down in Beason v. I.E. Miller Services, 2019 OK 28, and has been repealed. | Same as general cap: 23 Okla. Stat. § 61.3 applies to any civil action arising from bodily injury, including medical negligence (injuries on or after Sept. 1, 2025); no separate med-mal cap | Tiered: reckless disregard - greater of $100,000 or actual damages; intentional and malicious - greatest of $500,000, 2x actual damages, or defendant's financial gain; no cap if intentional, malicious, life-threatening conduct is found by the court beyond a reasonable doubt (23 Okla. Stat. § 9.1) |
| Oregon | Modified comparative (51% bar) | ORS 31.710(1) caps noneconomic damages at $500,000, but since 2021 (2021 Or. Laws c. 478) the statute applies only to wrongful death actions. Even there it is applied case by case: Estate of Fisher v. Lee, 351 Or App 33 (2026), held the cap unconstitutional as applied under the remedy clause after rejecting a categorical challenge (Estate of Ritchie v. Helbig, 347 Or App 37). The Oregon Supreme Court held the cap unconstitutional as applied to common-law personal-injury claims in Busch v. McInnis Waste Systems (2020). | No cap | No dollar cap, but 70% of any punitive award goes to the state (60% Criminal Injuries Compensation Account, 10% State Court Facilities and Security Account); 30% goes to the prevailing party (ORS 31.735) |
| Pennsylvania | Modified comparative (51% bar) | No general cap | No cap | No general cap. In medical professional liability cases, punitive damages against an individual physician may not exceed 200% of compensatory damages; 25% of a med-mal punitive award goes to the MCARE Fund (MCARE Act § 505, 40 P.S. § 1303.505) |
| Rhode Island | Pure comparative | No general cap | No cap | No statutory cap |
| South Carolina | Modified comparative (51% bar) | No general cap | Statutory base $350,000 per claimant per provider/institution, $1,050,000 aggregate per claimant, CPI-adjusted annually (S.C. Code § 15-32-220). 2026 adjustment (RFA memo of Feb. 3, 2026): $596,001 per provider/institution and $1,788,002 aggregate, effective on State Register publication. No cap for gross negligence, willful/wanton/reckless conduct, fraud, or altered/destroyed records. | Greater of 3x compensatory or a CPI-adjusted base ($500,000 in statute; $739,245 per 2026 RFA adjustment); greater of 4x or $2 million if conduct was motivated by unreasonable financial gain or could be a felony; no cap for intent to harm, a related felony conviction, or impairment by alcohol or drugs (S.C. Code § 15-32-530) |
| South Dakota | Slight/gross comparison (South Dakota) | No general cap | $500,000 total general (noneconomic) damages in malpractice actions against listed health care providers; special damages uncapped; not inflation-adjusted (S.D. Codified Laws § 21-3-11) | No statutory cap |
| Tennessee | Modified comparative (50% bar) | $750,000 per injured plaintiff (aggregate); $1,000,000 for catastrophic injuries (e.g., spinal cord paralysis, certain amputations, severe burns, wrongful death of a parent leaving a minor child); exceptions for intent to injure, intoxication, felony conduct, and destroying records (Tenn. Code Ann. § 29-39-102). Upheld in McClay v. Airport Management Services (Tenn. 2020). | Same as the general cap: $750,000 / $1,000,000 catastrophic (Tenn. Code Ann. § 29-39-102 applies to health care liability actions); not inflation-adjusted | Greater of 2x compensatory damages or $500,000, with exceptions such as intent to injure, intoxication, and destroying records (Tenn. Code Ann. § 29-39-104). The Sixth Circuit held the cap unenforceable in Lindenberg v. Jackson National Life (2018); state courts continue to apply it. |
| Texas | Modified comparative (51% bar) | No general cap | $250,000 per claimant against all physicians/non-institutional providers combined; $250,000 per institution, max $500,000 for all institutions (up to $750,000 total) (Tex. Civ. Prac. & Rem. Code § 74.301); not inflation-adjusted. Separate wrongful-death/survival cap of $500,000 per claimant on all damages except medical care, indexed to the CPI from 1977 (§ 74.303), now substantially higher after adjustment. | Greater of (2x economic damages plus noneconomic damages up to $750,000) or $200,000; no cap for specified intentional felonies (Tex. Civ. Prac. & Rem. Code § 41.008) |
| Utah | Modified comparative (50% bar) | No general cap | $450,000 for causes of action arising on or after May 15, 2010; fixed, no longer inflation-adjusted (Utah Code § 78B-3-410(1)(d), as amended 2025) | No dollar cap; 50% of any punitive award above $50,000 (after fees and costs) goes to the state (Utah Code § 78B-8-201(3)) |
| Vermont | Modified comparative (51% bar) | No general cap | No cap | No statutory cap |
| Virginia | Pure contributory negligence | No general cap | Total cap on all damages (economic and noneconomic) against health care providers, set by the date of the malpractice: $2.75 million for acts July 1, 2026 to June 30, 2027; rises $50,000 each July 1 to $2.95 million (2030-31), then $3 million for acts on or after July 1, 2031 (Va. Code § 8.01-581.15) | $350,000 total against all defendants (Va. Code § 8.01-38.1) |
| Washington | Pure comparative | No general cap | No cap | Punitive damages not allowed unless a statute expressly authorizes them (Washington common law, e.g., Dailey v. North Coast Life Ins. Co., 1996) |
| West Virginia | Modified comparative (51% bar) | No general cap. Commercial motor vehicle cases against employer defendants: $5 million per occurrence, CPI-adjusted from 2026 (max 150%), with exceptions for impairment, hours-of-service violations, willful or wanton conduct, overloading, and distracted driving (W. Va. Code § 55-7-32, enacted 2024) | $250,000 per occurrence; $500,000 for wrongful death, permanent and substantial deformity or loss of a limb or organ system, or injury preventing self-care. Both are CPI-adjusted annually since 2004, but increases cannot exceed 150% of base, i.e. a ceiling of $375,000 / $750,000 (W. Va. Code § 55-7B-8). The cap requires the defendant to carry at least $1 million in coverage per occurrence. Upheld in MacDonald v. City Hospital (2011). | Greater of 4x compensatory damages or $500,000 (W. Va. Code § 55-7-29(c)) |
| Wisconsin | Modified comparative (51% bar) | No general PI cap. Wrongful death: loss of society and companionship capped at $500,000 per occurrence for a deceased minor and $350,000 for a deceased adult (Wis. Stat. § 895.04(4)) | $750,000 per occurrence (Wis. Stat. § 893.55(4)(d)1.); not inflation-adjusted. Upheld in Mayo v. Wisconsin Injured Patients & Families Compensation Fund, 2018 WI 78 (overruling Ferdon, 2005); no later decision disturbing it was found. Med-mal wrongful-death claims are subject to the § 895.04(4) limits. | Greater of 2x compensatory damages or $200,000; does not apply to intoxicated operation of a vehicle (Wis. Stat. § 895.043(6)). Punitive damages are not recoverable in wrongful-death actions (Wangen v. Ford, 1980). |
| Wyoming | Modified comparative (51% bar) | No general cap | No cap | No statutory cap |
The four fault rules, in plain English
- Pure comparative fault: an award is reduced by the injured person’s percentage of fault, but never eliminated.
- Modified comparative fault (50% bar): the award is reduced by the person’s share of fault and barred at 50% or more.
- Modified comparative fault (51% bar): the same, but the bar applies at 51% or more.
- Pure contributory negligence: any fault on the injured person’s part — even 1% — can bar recovery. Only a handful of jurisdictions still use it.
Frequently asked questions
Do caps apply to medical bills and lost wages?
Usually not. Most caps limit only non-economic damages; economic losses such as medical expenses and lost income are typically recoverable in full, subject to proof.
Why does a cap say it was struck down?
Several state supreme courts have held damage caps unconstitutional under their state constitutions. Where that has happened, we note it.
Is the calculator an estimate of my case?
No. It only shows the arithmetic of each fault rule. Real outcomes depend on evidence, the jury and the law that applies to the specific claim.