Maryland is currently considering one of the most significant changes to its personal injury laws in decades. House Bill 476 proposed repealing the state’s statutory cap on noneconomic damages in personal injury and wrongful death cases. The House Judiciary Committee referred the bill to interim study on March 21, 2026. That action ended its path through the current legislative session, which closes on April 13, 2026.
This post explains what the cap is, what HB 476 would have changed, and what it could mean for people researching Maryland personal injury law. This is general legal information, not legal advice. If you have questions about a specific situation, consult a qualified Maryland personal injury attorney.
What Are Noneconomic Damages?
In Maryland personal injury cases, injured people may seek two main categories of compensation. Economic damages cover concrete, measurable losses. These include medical expenses, lost wages, and future care costs. Maryland law does not cap these damages.
Noneconomic damages are different. Maryland Courts and Judicial Proceedings Article Section 11-108 defines noneconomic damages in personal injury cases to include pain and suffering, physical impairment, disfigurement, inconvenience, and loss of consortium. In wrongful death cases, they include mental anguish, emotional pain, loss of companionship, and loss of parental or spousal care, among others. These losses are real and often profound, but they resist reduction to a precise dollar figure. Maryland law has imposed a ceiling on them since 1986.
What Is the Current Cap?
For causes of action arising in 2026, the noneconomic damages cap in Maryland personal injury and wrongful death cases is $965,000. That figure increases by $15,000 each year. In wrongful death cases with two or more beneficiaries, the cap rises to 150 percent of the standard limit. For 2026, that comes to approximately $1,447,500.
One procedural detail surprises many people. Maryland juries do not learn the cap exists when they deliberate. If a jury awards more than the statutory limit, the judge reduces the award after the verdict to conform to the cap. A jury may intend to fully compensate a catastrophically injured person. But what that person actually receives can be substantially less.
Critics of the current law point out that this creates an outcome where a permanently disabled accident victim and someone who made a full recovery can receive the same noneconomic damages ceiling. Many view this as fundamentally unfair.
What Would HB 476 Have Changed?
Delegate Natalie Ziegler and seven co-sponsors introduced House Bill 476 to repeal Section 11-108 of the Courts and Judicial Proceedings Article entirely for personal injury and wrongful death cases. If it had passed, no statutory limit on noneconomic damages would have existed. Juries would be free to award whatever amount they determine fairly reflects the full extent of an injured person’s pain, suffering, and loss.
The bill would have applied prospectively only. It would cover causes of action arising on or after October 1, 2026. Injuries before that date would still be subject to the current cap, regardless of when a case was filed or resolved.
Two important limitations were worth noting. First, the bill would not have affected the separate cap in medical malpractice cases. That cap is governed by a different statute and would remain in place. Second, the bill would not have changed the liability limits under the Maryland Tort Claims Act for claims against state agencies, or the limits under the Local Government Tort Claims Act for claims against local governments.
What Happened to HB 476?
On March 21, 2026, the House Judiciary Committee referred HB 476 to interim study. This action ends the bill’s path through the 2026 session. A referral to interim study means the committee set the bill aside for further review between sessions rather than advancing it to a floor vote.
This is the third consecutive year Delegate Ziegler introduced this legislation. A version of the bill passed the Maryland Senate in 2025 but stalled in the House of Delegates. You can track the current status of related legislation on the Maryland General Assembly website.
Why Has the Repeal of the Noneconomic Damages Cap Been Difficult to Pass?
The bill faces determined opposition from business groups and insurance industry representatives. The Maryland Chamber of Commerce and the Maryland Motor Truck Association argued that eliminating the cap could raise commercial auto insurance premiums by 23 to 30 percent and personal auto insurance premiums by 14 to 19 percent. These figures come from a study cited at legislative hearings.
Supporters of repeal, including victim advocacy groups and the American Association for Justice, argue that Maryland is an outlier. Nearly 40 other states impose no cap on noneconomic damages in standard personal injury cases. Neighboring Virginia is one example. Proponents also point to the disproportionate impact the cap has on people who suffer the most severe injuries. For people in historically marginalized groups, whose economic damages tend to be lower due to wage gaps, the cap can limit total recovery more severely than it does for higher earners.
What Does This Mean for Maryland Car Accident Victims?
For people injured in Maryland car accidents, any future legislation repealing the noneconomic damages cap could have a real practical impact. This is especially true in serious injury situations.
Under current law, the pain and suffering component of any award is subject to the statutory ceiling, no matter how severe the injuries. If the cap is repealed for injuries occurring on or after October 1, 2026, juries would evaluate each case on its own facts. No hidden limit would be applied after the verdict.
It is also important to understand that HB 476 would not have changed Maryland’s contributory negligence rule. Maryland is one of only a handful of states that still applies pure contributory negligence. Under this rule, if an injured person is found even partially at fault for an accident, they may recover nothing at all. This rule is entirely separate from the damages cap debate. It would remain in effect regardless of how any future legislation is resolved. Understanding both issues is important for anyone evaluating a potential Maryland personal injury claim.
What About Wrongful Death Cases?
The stakes are particularly high in wrongful death cases, where the cap has drawn the most criticism. Under current Maryland law, the noneconomic damages available to a family after a fatal accident are subject to the statutory ceiling. A family that loses a child, a parent, or a spouse can receive no more in pain and suffering damages than the cap allows. This is true regardless of what the jury believes the loss is worth.
If legislation repealing the cap passes in a future session, wrongful death beneficiaries would face no statutory ceiling on compensation for grief, loss of companionship, and loss of the relationship itself. This issue is one of the primary drivers behind the push for repeal. It also reflects a broader national trend toward allowing juries to make that determination without legislative interference.
What Should You Do if You Have Been Injured?
The status of HB 476 matters, but it is not the only factor that determines the value of a Maryland personal injury case. The specific facts of the incident, the nature and severity of the injuries, the strength of the liability evidence, and the skill of the legal representation all play a significant role. Whether the cap applies to a particular case depends on the date the injury occurred, not when a lawsuit was filed or resolved.
If you were injured in a car accident in Maryland and want to understand how current law applies to your situation, speaking with a Maryland personal injury attorney is the right step.
The attorneys at Gelb and Gelb, P.C. handle personal injury cases in Maryland and Washington, D.C. If you have been injured and want to discuss your legal options, contact our office for a free consultation.
