Wrongful Death Non-Economic Damage Caps by State: A 2025 Overview

The Landscape of Wrongful Death Caps

Wrongful death lawsuits allow surviving family members to recover compensation for the economic and non-economic losses caused by a loved one's death. Economic damages — lost income, funeral expenses, medical bills — are generally uncapped. Non-economic damages — grief, loss of companionship, mental anguish — are where state law creates the most variation.

This overview reflects the general legal landscape as of 2025. Laws change, and court decisions frequently modify how statutes are applied. Always consult an attorney in the specific state where the death occurred.

States With Non-Economic Damage Caps

Maryland: $890,000 (2024 figure, adjusted annually for inflation). Applies to all personal injury and wrongful death cases.

Virginia: Sliding cap starting at approximately $2.35 million in medical malpractice wrongful death cases; increases $50,000 per year under the current schedule.

Indiana: $1.65 million total cap in medical malpractice cases.

Texas: Medical malpractice wrongful death capped at $250,000 per covered healthcare provider. General tort wrongful death has no fixed non-economic cap.

Missouri: No non-economic cap for wrongful death claims outside of medical malpractice. Medical malpractice caps have shifted following court rulings.

Wisconsin: $500,000 cap on non-economic damages in wrongful death medical malpractice cases.

Nebraska: $2.25 million overall cap on non-economic damages in medical malpractice cases.

States Without General Caps

California, New York, Florida, Illinois, Georgia, and Pennsylvania do not impose a blanket non-economic damage cap on wrongful death cases outside of medical malpractice. However, judges retain the authority to reduce grossly excessive jury awards through remittitur.

Florida's Supreme Court struck down caps on non-economic damages in wrongful death medical malpractice cases in 2017, and the legislature has not reinstated them.

Understanding Economic vs. Non-Economic Damages

Even in capped states, families can still recover substantial economic damages: the present value of the deceased's lifetime earnings, the value of household services, loss of financial support to surviving children and spouses. These amounts can be very large in cases involving young, high-earning decedents and are not subject to the caps that limit grief and anguish awards.

Working With an Attorney

A wrongful death attorney will analyze both the applicable cap and the economic damage potential to develop a complete damages picture. In many cases, maximizing uncapped economic damages is the most important strategic priority.