Civil Actions - Noneconomic Damages - Personal Injury or Wrongful Death
The repeal of the limitations on noneconomic damages is expected to have a significant impact on the judicial system and the awards granted in civil cases. Proponents argue that the previous caps unjustly restricted the compensation that victims could receive, especially in severe cases where the emotional toll is substantial. Allowing for full economic recovery is seen as a means to ensure justice in the legal process and provide appropriate compensation for lifestyle changes, emotional distress, and loss of companionship.
House Bill 862 seeks to repeal existing limitations on noneconomic damages in civil actions related to personal injury or wrongful death in Maryland. Currently, the law caps noneconomic damages at $500,000, with periodic adjustments. The bill aims to remove these caps entirely, allowing victims of personal injuries and wrongful deaths to claim damages that reflect their emotional suffering, pain, and loss without a predetermined maximum amount imposed by law. This move is conceived as a way to provide fairer compensation to those affected by such torts.
The proposed bill has stirred debate among lawmakers, with supporters emphasizing the importance of just compensation for victims, while opponents raise concerns that lifting damage caps might lead to increased litigation and a surge in insurance costs. Critics also worry that such a change could have an adverse effect on the medical liability environment, as higher payouts could lead to more defensive medical practices or higher healthcare costs. The specific impacts on overall liability insurance and access to healthcare services remain points of contention in the legislative discussions surrounding HB862.