# Wrongful death noneconomic damages · Maryland — Medical malpractice noneconomic damages caps by state

For Wrongful death noneconomic damages, state is Maryland; cap amount is If there is a wrongful death action in which there are two or more claimants or beneficiaries, whether or not there is a personal injury action arising from the same medical injury, the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection; inflation adjustment is shall increase by $15,000 on January 1 of each year beginning January 1, 2009; constitutional status is Cap enacted; source does not address validity; statutory citation is Maryland Courts & Judicial Proceedings Code § 3-2A-09, recorded from its source on 2026-09-22.

- **State:** Maryland _(our reading, not quoted from the source)_
- **Type of cap:** Wrongful death noneconomic damages _(our reading, not quoted from the source)_
- **Cap amount:** If there is a wrongful death action in which there are two or more claimants or beneficiaries, whether or not there is a personal injury action arising from the same medical injury, the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection _(verified: appears in the quote below)_
- **Inflation adjustment:** shall increase by $15,000 on January 1 of each year beginning January 1, 2009 _(verified: appears in its own passage below)_
- **Constitutional status:** Cap enacted; source does not address validity _(our reading, not quoted from the source)_
- **Statutory citation:** Maryland Courts & Judicial Proceedings Code § 3-2A-09. _(verified: appears in its own passage below)_

## What the source says

> If there is a wrongful death action in which there are two or more claimants or beneficiaries, whether or not there is a personal injury action arising from the same medical injury, the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Inflation adjustment

> an award or verdict under this subtitle for noneconomic damages for a cause of action arising between January 1, 2005, and December 31, 2008, inclusive, may not exceed $650,000. (ii) The limitation on noneconomic damages provided under subparagraph (i) of this paragraph shall increase by $15,000 on January 1 of each year beginning January 1, 2009. The increased amount shall apply to causes of action arising between January 1 and December 31 of that year, inclusive.

### Statutory citation

> Maryland Courts & Judicial Proceedings Code § 3-2A-09.

## Source

- https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=3-2A-09&enactments=false
- https://www.ama-assn.org/system/files/mlr-state-laws-chart-I.pdf

Last verified: 2026-09-22. Review by: 2027-03-21.
Part of [Medical malpractice noneconomic damages caps by state](https://referencesource.org/state-medical-malpractice-damages-caps/).