Maryland 2025 Regular Session

Maryland Senate Bill SB584 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	sb0584
6	6
7	7	SENATE BILL 584
8	8	D3 5lr1108
9	9	SB 538/24 – JPR CF HB 113
10	10	By: Senators Waldstreicher and Smith
11	11	Introduced and read first time: January 23, 2025
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Civil Actions – Noneconomic Damages – Personal Injury and Wrongful Death 2
19	19
20	20	FOR the purpose of repealing certain limitations on noneconomic damages in civil actions 3
21	21	for personal injury or wrongful death; and generally relating to noneconomic 4
22	22	damages. 5
23	23
24	24	BY repealing 6
25	25	Article – Courts and Judicial Proceedings 7
26	26	Section 11–108 8
27	27	Annotated Code of Maryland 9
28	28	(2020 Replacement Volume and 2024 Supplement) 10
29	29
30	30	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
31	31	That the Laws of Maryland read as follows: 12
32	32
33	33	Article – Courts and Judicial Proceedings 13
34	34
35	35	[11–108. 14
36	36
37	37	(a) (1) In this section the following words have the meanings indicated. 15
38	38
39	39	(2) (i) “Noneconomic damages” means: 16
40	40
41	41	1. In an action for personal injury, pain, suffering, 17
42	42	inconvenience, physical impairment, disfigurement, loss of consortium, or other 18
43	43	nonpecuniary injury; and 19
44	44
45	45	2. In an action for wrongful death, mental anguish, 20
46	46	emotional pain and suffering, loss of society, companionship, comfort, protection, care, 21
47	47	marital care, parental care, filial care, attention, advice, counsel, training, guidance, or 22 2 SENATE BILL 584
48	48
49	49
50	50	education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this 1
51	51	article. 2
52	52
53	53	(ii) “Noneconomic damages” does not include punitive damages. 3
54	54
55	55	(3) “Primary claimant” means a claimant in an action for the death of a 4
56	56	person described under § 3–904(d) of this article. 5
57	57
58	58	(4) “Secondary claimant” means a claimant in an action for the death of a 6
59	59	person described under § 3–904(e) of this article. 7
60	60
61	61	(b) (1) In any action for damages for personal injury in which the cause of 8
62	62	action arises on or after July 1, 1986, an award for noneconomic damages may not exceed 9
63	63	$350,000. 10
64	64
65	65	(2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any 11
66	66	action for damages for personal injury or wrongful death in which the cause of action arises 12
67	67	on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. 13
68	68
69	69	(ii) The limitation on noneconomic damages provi ded under 14
70	70	subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year 15
71	71	beginning on October 1, 1995. The increased amount shall apply to causes of action arising 16
72	72	between October 1 of that year and September 30 of the following year, inclusive. 17
73	73
74	74	(3) (i) The limitation established under paragraph (2) of this subsection 18
75	75	shall apply in a personal injury action to each direct victim of tortious conduct and all 19
76	76	persons who claim injury by or through that victim. 20
77	77
78	78	(ii) In a wrongful death action in which there are two or more 21
79	79	claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the 22
80	80	limitation established under paragraph (2) of this subsection, regardless of the number of 23
81	81	claimants or beneficiaries who share in the award. 24
82	82
83	83	(c) An award by the health claims arbitration panel in accordance with § 25
84	84	3–2A–05 of this article for damages in which the cause of action arose before January 1, 26
85	85	2005, shall be considered an award for purposes of this section. 27
86	86
87	87	(d) (1) In a jury trial, the jury may not be informed of the limitation 28
88	88	established under subsection (b) of this section. 29
89	89
90	90	(2) (i) If the jury awards an amount for noneconomic damages that 30
91	91	exceeds the limitation established under subsection (b) of this section, the court shall 31
92	92	reduce the amount to conform to the limitation. 32
93	93
94	94	(ii) In a wrongful death action in which there are two or more 33
95	95	claimants or beneficiaries, if the jury awards an amount for noneconomic damages that 34
96	96	exceeds the limitation established under subsection (b)(3)(ii) of this section, the court shall: 35 SENATE BILL 584 3
97	97
98	98
99	99
100	100	1. If the amount of noneconomic damages for the primary 1
101	101	claimants equals or exceeds the limitation under subsection (b)(3)(ii) of this section: 2
102	102
103	103	A. Reduce each individual award of a primary claimant 3
104	104	proportionately to the total award of all of the primary claimants so that the total award to 4
105	105	all claimants or beneficiaries conforms to the limitation; and 5
106	106
107	107	B. Reduce each award, if any, to a secondary claimant to zero 6
108	108	dollars; or 7
109	109
110	110	2. If the amount of noneconomic damages for the primary 8
111	111	claimants does not exceed the limitation under subsection (b)(3)(ii) of this section or if there 9
112	112	is no award to a primary claimant: 10
113	113
114	114	A. Enter an award to the primary claimant, if any, as 11
115	115	directed by the verdict; and 12
116	116
117	117	B. Reduce each individual award of a secondary claimant 13
118	118	proportionately to the total award of all of the secondary claimants so that the total award 14
119	119	to all claimants or beneficiaries conforms to the limitation. 15
120	120
121	121	(e) The provisions of this section do not apply to a verdict under Title 3, Subtitle 16
122	122	2A of this article for damages in which the cause of action arises on or after January 1, 17
123	123	2005.] 18
124	124
125	125	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 19
126	126	apply only prospectively and may not be applied or interpreted to have any effect on or 20
127	127	application to any cause of action arising before the effective date of this Act. 21
128	128
129	129	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
130	130	October 1, 2025. 23
131	131