Maryland 2024 Regular Session

Maryland Senate Bill SB538

Introduced
1/24/24  
Refer
1/24/24  
Report Pass
3/18/24  
Engrossed
3/18/24  

Caption

Civil Actions - Noneconomic Damages - Personal Injury and Wrongful Death

Impact

The implications of SB538 on state law are substantial for both victims and defendants in civil litigation. By raising the cap on noneconomic damages, the bill would provide a stronger avenue for those claiming personal injury or wrongful death to receive compensation that better aligns with the nature and severity of their claims. This move could potentially affect how cases are litigated in Maryland, as higher caps may incentivize more lawsuits and change the strategies of defense attorneys representing corporations or individuals facing litigation.

Summary

Senate Bill 538 aims to adjust the limitations on noneconomic damages awarded in civil actions for personal injury and wrongful death cases in Maryland. Under the current law, caps on noneconomic damages are established to limit potential liability. This bill seeks to raise the cap significantly to $1,750,000 for cases arising on or after October 1, 2024, with plans for annual increases thereafter. This change is intended to reflect the increasing costs of living and to provide more substantial compensation for victims and their families who suffer from serious injuries or loss of life.

Sentiment

General sentiment around SB538 appears to be mixed. Proponents argue that the current limits are inadequate and fail to account for the emotional and psychological trauma that accompanies serious personal injuries or wrongful deaths. They advocate for victims' rights to receive fair compensation. Conversely, opponents express concern that increasing damage caps could lead to frivolous lawsuits and higher insurance premiums, impacting businesses and healthcare providers who may ultimately bear the costs of increased claims.

Contention

The most notable points of contention surrounding SB538 revolve around the implications of increasing damage caps on the insurance market and the healthcare system. Critics argue that it could result in a surge of litigation and an increase in malpractice insurance costs for healthcare providers, which might lead to higher healthcare costs for consumers. The discussions thus delineate a conflict between the need for adequate victim compensation and the potential economic burden on the business and healthcare sectors.

Companion Bills

MD HB83

Crossfiled Civil Actions - Noneconomic Damages - Personal Injury and Wrongful Death

Previously Filed As

MD HB862

Civil Actions - Noneconomic Damages - Personal Injury or Wrongful Death

MD SB686

Civil Actions - Child Sexual Abuse - Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023)

MD HB1

Civil Actions - Child Sexual Abuse - Definition, Damages, and Statute of Limitations (The Child Victims Act of 2023)

MD SB683

Courts – Wrongful Acts by Deceased Individuals – Actions In Rem

MD HB996

Artificial Intelligence - Implementation Causing Injury or Death - Civil and Criminal Liability

MD SB919

Real Property - Expedited Wrongful Detainer Proceedings - Property for Sale or Lease

MD HB757

Real Property - Expedited Wrongful Detainer Proceedings - Property for Sale or Lease

MD SB5

Hate Crimes – Civil Remedy

MD HB13

Hate Crimes – Civil Remedy

MD HB801

Criminal Injuries Compensation Board - Eligible Individuals and Direct Reimbursement for Mental Health Services

Similar Bills

FL H6017

Recovery of Damages for Medical Negligence Resulting in Death

FL S0734

Actions for Recovery of Damages for Wrongful Death

MD HB113

Civil Actions - Noneconomic Damages - Personal Injury and Wrongful Death

MD HB83

Civil Actions - Noneconomic Damages - Personal Injury and Wrongful Death

MD SB584

Civil Actions - Noneconomic Damages - Personal Injury and Wrongful Death

MD HB862

Civil Actions - Noneconomic Damages - Personal Injury or Wrongful Death

MT HB195

Revise noneconomic damages in medical malpractice actions

MT HB458

Generally revise laws related to physician assistants