EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0113*
HOUSE BILL 113
D3 5lr1106
HB 83/24 – JUD (PRE–FILED) CF 5lr1108
By: Delegates Ziegler, Boyce, Charkoudian, Foley, Kaufman, Ruff, Terrasa, and
Wu
Requested: October 3, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Noneconomic Damages – Personal Injury and Wrongful Death 2
FOR the purpose of repealing certain limitations on noneconomic damages in civil actions 3
for personal injury or wrongful death; and generally relating to noneconomic 4
damages. 5
BY repealing 6
Article – Courts and Judicial Proceedings 7
Section 11–108 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Courts and Judicial Proceedings 13
[11–108. 14
(a) (1) In this section the following words have the meanings indicated. 15
(2) (i) “Noneconomic damages” means: 16
1. In an action for personal injury, pain, suffering, 17
inconvenience, physical impairment, disfigurement, loss of consortium, or other 18
nonpecuniary injury; and 19
2. In an action for wrongful death, mental anguish, 20 2 HOUSE BILL 113
emotional pain and suffering, loss of society, companionship, comfort, protection, care, 1
marital care, parental care, filial care, attention, advice, counsel, training, guidance, or 2
education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this 3
article. 4
(ii) “Noneconomic damages” does not include punitive damages. 5
(3) “Primary claimant” means a claimant in an action for the death of a 6
person described under § 3–904(d) of this article. 7
(4) “Secondary claimant” means a claimant in an action for the death of a 8
person described under § 3–904(e) of this article. 9
(b) (1) In any action for damages for personal injury in which the cause of 10
action arises on or after July 1, 1986, an award for noneconomic damages may not exceed 11
$350,000. 12
(2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any 13
action for damages for personal injury or wrongful death in which the cause of action arises 14
on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. 15
(ii) The limitation on noneconomic damages provided under 16
subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year 17
beginning on October 1, 1995. The increased amount shall apply to causes of action arising 18
between October 1 of that year and September 30 of the following year, inclusive. 19
(3) (i) The limitation established under paragraph (2) of this subsection 20
shall apply in a personal injury action to each direct victim of tortious conduct and all 21
persons who claim injury by or through that victim. 22
(ii) In a wrongful death action in which there are two or more 23
claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 24
limitation established under paragraph (2) of this subsection, regardless of the number of 25
claimants or beneficiaries who share in the award. 26
(c) An award by the health claims arbitration panel in accordance with § 27
3–2A–05 of this article for damages in which the cause of action arose before January 1, 28
2005, shall be considered an award for purposes of this section. 29
(d) (1) In a jury trial, the jury may not be informed of the limitation 30
established under subsection (b) of this section. 31
(2) (i) If the jury awards an amount for noneconomic damages that 32
exceeds the limitation established under subsection (b) of this section, the court shall 33
reduce the amount to conform to the limitation. 34
(ii) In a wrongful death action in which there are two or more 35 HOUSE BILL 113 3
claimants or beneficiaries, if the jury awards an amount for noneconomic damages that 1
exceeds the limitation established under subsection (b)(3)(ii) of this section, the court shall: 2
1. If the amount of noneconomic damages for the primary 3
claimants equals or exceeds the limitation under subsection (b)(3)(ii) of this section: 4
A. Reduce each individual award of a primary claimant 5
proportionately to the total award of all of the primary claimants so that the total award to 6
all claimants or beneficiaries conforms to the limitation; and 7
B. Reduce each award, if any, to a secondary claimant to zero 8
dollars; or 9
2. If the amount of noneconomic damages for the primary 10
claimants does not exceed the limitation under subsection (b)(3)(ii) of this section or if there 11
is no award to a primary claimant: 12
A. Enter an award to the primary claimant, if any, as 13
directed by the verdict; and 14
B. Reduce each individual award of a secondary claimant 15
proportionately to the total award of all of the secondary claimants so that the total award 16
to all claimants or beneficiaries conforms to the limitation. 17
(e) The provisions of this section do not apply to a verdict under Title 3, Subtitle 18
2A of this article for damages in which the cause of action arises on or after January 1, 19
2005.] 20
SECTION 2. AND BE IT FURTHE R ENACTED, That this Act shall be construed to 21
apply only prospectively and may not be applied or interpreted to have any effect on or 22
application to any cause of action arising before the effective date of this Act. 23
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2025. 25