{"id":352995,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/what-is-a-damages-cap.html"},"modified":"2024-03-11T10:10:17","modified_gmt":"2024-03-11T15:10:17","slug":"what-is-a-damages-cap","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/what-is-a-damages-cap.html","title":{"rendered":"What Is a Damages Cap?"},"content":{"rendered":"\n
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What Is a Damages Cap?<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A damages cap legally limits how much you can recover from a defendant in a personal injury claim. A damages cap will determine your maximum recovery of non-economic damages.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Suppose you’re injured, and someone else is at fault. You can sue the other person for your damages.<\/span><\/p>\n

Each state has its own damages cap. States can also place caps on non-economic damages for medical malpractice claims. Speak with a local personal injury attorney<\/a>\u00a0to understand how the state law may limit some damages in your claim.\u00a0<\/p>\n

This article gives a general overview of damage caps, including why caps exist. It discusses the relationship between damages caps and punitive damages. It also addresses gross negligence and its impact on damages caps. Finally, the article discusses wrongful death cases and damages caps and whether there’s any way around non-economic damages caps.<\/p>\n

What Personal Injury Damages Include<\/h2>\n

When you sue someone, particularly in a\u00a0personal injury<\/a>\u00a0case, you hope to get\u00a0monetary damages<\/a>\u00a0to compensate you for your injury. There are generally two classes of damages:\u00a0economic damages<\/a>\u00a0and\u00a0non-economic damages<\/a>.<\/p>\n

Economic damages are specific costs to you as a result of your injuries, such as:<\/p>\n