§
11-108. Noneconomic damages;
personal injury or wrongful
death
(a)(1) In this section the following
words have the meanings indicated.
(2)(i) "Noneconomic
damages" means:
1. In an action for personal
injury, pain, suffering,
inconvenience, physical
impairment, disfigurement, loss
of consortium, or other
nonpecuniary injury; and
2. In an action for wrongful
death, mental anguish, emotional
pain and suffering, loss of
society, companionship, comfort,
protection, care, marital care,
parental care, filial care,
attention, advice, counsel,
training, guidance, or
education, or other noneconomic
damages authorized under Title
3, Subtitle 9 of this article.
(ii) "Noneconomic damages" does
not include punitive damages.
(3) "Primary claimant" means a
claimant in an action for the
death of a person described
under § 3-904(d) of this
article.
(4) "Secondary claimant" means a
claimant in an action for the
death of a person described
under § 3-904(e) of this
article.
(b)(1) In any action for damages for
personal injury in which the cause
of action arises on or after July 1,
1986, an award for noneconomic
damages may not exceed $350,000.
(2)(i) Except as provided in
paragraph (3)(ii) of this
subsection,
in any
action for damages for personal
injury or wrongful death in
which the cause of action arises
on or after October 1, 1994, an
award for noneconomic damages
may not exceed $500,000.
(ii)
The limitation on noneconomic
damages provided under
subparagraph (i) of this
paragraph shall increase
by $15,000 on
October 1 of each year beginning
on October 1, 1995. The
increased amount shall apply to
causes of action arising between
October 1 of that year and
September 30 of the following
year, inclusive.
(3)(i) The limitation
established under paragraph (2)
of this subsection shall apply
in a personal injury action to
each direct victim of tortious
conduct and all persons who
claim injury by or through that
victim.
(ii) In a wrongful death action
in which there are two or more
claimants or beneficiaries, an
award for noneconomic damages
may not exceed 150% of the
limitation established under
paragraph (2) of this
subsection, regardless of the
number of claimants or
beneficiaries who share in the
award.
(c) An award by the health claims
arbitration panel in accordance with
§ 3- 2A-05 of this article for
damages in which the cause of action
arose before January 1, 2005, shall
be considered an award for purposes
of this section.
(d)(1) In a jury trial, the jury may
not be informed of the limitation
established under subsection (b) of
this section.
(2)(i) If the jury awards an
amount for noneconomic damages
that exceeds the limitation
established under subsection (b)
of this section, the court shall
reduce the amount to conform to
the limitation.
(ii) In a wrongful death action
in which there are two or more
claimants or beneficiaries, if
the jury awards an amount for
noneconomic damages that exceeds
the limitation established under
subsection (b)(3)(ii) of this
section, the court shall:
1. If the amount of noneconomic
damages for the primary
claimants equals or exceeds the
limitation under subsection
(b)(3)(ii) of this section:
A. Reduce each individual award
of a primary claimant
proportionately to the total
award of all of the primary
claimants so that the total
award to all claimants or
beneficiaries conforms to the
limitation; and
B. Reduce each award, if any, to
a secondary claimant to zero
dollars; or
2. If the amount of noneconomic
damages for the primary
claimants does not exceed the
limitation under subsection
(b)(3)(ii) of this section or if
there is no award to a primary
claimant:
A. Enter an award to the primary
claimant, if any, as directed by
the verdict; and
B. Reduce each individual award
of a secondary claimant
proportionately to the total
award of all of the secondary
claimants so that the total
award to all claimants or
beneficiaries conforms to the
limitation.
(e) The provisions of this section
do not apply to a verdict under
Title 3, Subtitle 2A of this article
for damages in which the cause of
action arises on or after January 1,
2005.
