ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

What exactly is a damages cap?

A damages cap limits the amount of money a jury may award to you in a malpractice case. The damages cap varies by state. Some states do not cap damages at all, claiming that to do so would violate that state's constitution. Indiana caps damages at $500,000, while California caps damages at $250,000. States may put a limit on punitive damages only, or on both punitive damages and any money that compensates you for your injury alone. Putting caps on damages is a hot topic in legal and political circles. The type of cap may vary from state to state, but look for more states to put a cap on damages in the coming years.