Data dive: A divided nation on damages caps

Wednesday, March 24, 2021

By Rick Linsk

When the New Mexico Supreme Court last week upheld the state’s $600,000 cap on the non-medical, non-punitive damages in medical malpractice lawsuits, it was just the latest court to rule on the validity of long-running defense-focused lobbying efforts aimed at limiting what plaintiffs can recoup at trial.

report last year by the Center for Justice & Democracy, a consumer organization based at New York Law School, found that six states have laws that cap total damages in a case; 23 states cap non-economic damages; and 22 states plus the District of Columbia have no caps, including nine states where courts have found caps to be unconstitutional. This map shows which states have caps and, if so, what types.

Click here for the article and map. 

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