Maryland 2025 Regular Session

Maryland House Bill HB113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0113
6	6
7	7	HOUSE BILL 113
8	8	D3 5lr1106
9	9	HB 83/24 – JUD (PRE–FILED) CF 5lr1108
10	10	By: Delegates Ziegler, Boyce, Charkoudian, Foley, Kaufman, Ruff, Terrasa, and
11	11	Wu
12	12	Requested: October 3, 2024
13	13	Introduced and read first time: January 8, 2025
14	14	Assigned to: Judiciary
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Civil Actions – Noneconomic Damages – Personal Injury and Wrongful Death 2
21	21
22	22	FOR the purpose of repealing certain limitations on noneconomic damages in civil actions 3
23	23	for personal injury or wrongful death; and generally relating to noneconomic 4
24	24	damages. 5
25	25
26	26	BY repealing 6
27	27	Article – Courts and Judicial Proceedings 7
28	28	Section 11–108 8
29	29	Annotated Code of Maryland 9
30	30	(2020 Replacement Volume and 2024 Supplement) 10
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
33	33	That the Laws of Maryland read as follows: 12
34	34
35	35	Article – Courts and Judicial Proceedings 13
36	36
37	37	[11–108. 14
38	38
39	39	(a) (1) In this section the following words have the meanings indicated. 15
40	40
41	41	(2) (i) “Noneconomic damages” means: 16
42	42
43	43	1. In an action for personal injury, pain, suffering, 17
44	44	inconvenience, physical impairment, disfigurement, loss of consortium, or other 18
45	45	nonpecuniary injury; and 19
46	46
47	47	2. In an action for wrongful death, mental anguish, 20 2 HOUSE BILL 113
48	48
49	49
50	50	emotional pain and suffering, loss of society, companionship, comfort, protection, care, 1
51	51	marital care, parental care, filial care, attention, advice, counsel, training, guidance, or 2
52	52	education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this 3
53	53	article. 4
54	54
55	55	(ii) “Noneconomic damages” does not include punitive damages. 5
56	56
57	57	(3) “Primary claimant” means a claimant in an action for the death of a 6
58	58	person described under § 3–904(d) of this article. 7
59	59
60	60	(4) “Secondary claimant” means a claimant in an action for the death of a 8
61	61	person described under § 3–904(e) of this article. 9
62	62
63	63	(b) (1) In any action for damages for personal injury in which the cause of 10
64	64	action arises on or after July 1, 1986, an award for noneconomic damages may not exceed 11
65	65	$350,000. 12
66	66
67	67	(2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any 13
68	68	action for damages for personal injury or wrongful death in which the cause of action arises 14
69	69	on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. 15
70	70
71	71	(ii) The limitation on noneconomic damages provided under 16
72	72	subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year 17
73	73	beginning on October 1, 1995. The increased amount shall apply to causes of action arising 18
74	74	between October 1 of that year and September 30 of the following year, inclusive. 19
75	75
76	76	(3) (i) The limitation established under paragraph (2) of this subsection 20
77	77	shall apply in a personal injury action to each direct victim of tortious conduct and all 21
78	78	persons who claim injury by or through that victim. 22
79	79
80	80	(ii) In a wrongful death action in which there are two or more 23
81	81	claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 24
82	82	limitation established under paragraph (2) of this subsection, regardless of the number of 25
83	83	claimants or beneficiaries who share in the award. 26
84	84
85	85	(c) An award by the health claims arbitration panel in accordance with § 27
86	86	3–2A–05 of this article for damages in which the cause of action arose before January 1, 28
87	87	2005, shall be considered an award for purposes of this section. 29
88	88
89	89	(d) (1) In a jury trial, the jury may not be informed of the limitation 30
90	90	established under subsection (b) of this section. 31
91	91
92	92	(2) (i) If the jury awards an amount for noneconomic damages that 32
93	93	exceeds the limitation established under subsection (b) of this section, the court shall 33
94	94	reduce the amount to conform to the limitation. 34
95	95
96	96	(ii) In a wrongful death action in which there are two or more 35 HOUSE BILL 113 3
97	97
98	98
99	99	claimants or beneficiaries, if the jury awards an amount for noneconomic damages that 1
100	100	exceeds the limitation established under subsection (b)(3)(ii) of this section, the court shall: 2
101	101
102	102	1. If the amount of noneconomic damages for the primary 3
103	103	claimants equals or exceeds the limitation under subsection (b)(3)(ii) of this section: 4
104	104
105	105	A. Reduce each individual award of a primary claimant 5
106	106	proportionately to the total award of all of the primary claimants so that the total award to 6
107	107	all claimants or beneficiaries conforms to the limitation; and 7
108	108
109	109	B. Reduce each award, if any, to a secondary claimant to zero 8
110	110	dollars; or 9
111	111
112	112	2. If the amount of noneconomic damages for the primary 10
113	113	claimants does not exceed the limitation under subsection (b)(3)(ii) of this section or if there 11
114	114	is no award to a primary claimant: 12
115	115
116	116	A. Enter an award to the primary claimant, if any, as 13
117	117	directed by the verdict; and 14
118	118
119	119	B. Reduce each individual award of a secondary claimant 15
120	120	proportionately to the total award of all of the secondary claimants so that the total award 16
121	121	to all claimants or beneficiaries conforms to the limitation. 17
122	122
123	123	(e) The provisions of this section do not apply to a verdict under Title 3, Subtitle 18
124	124	2A of this article for damages in which the cause of action arises on or after January 1, 19
125	125	2005.] 20
126	126
127	127	SECTION 2. AND BE IT FURTHE R ENACTED, That this Act shall be construed to 21
128	128	apply only prospectively and may not be applied or interpreted to have any effect on or 22
129	129	application to any cause of action arising before the effective date of this Act. 23
130	130
131	131	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
132	132	October 1, 2025. 25
133	133