A tale of two states: How Maryland shortchanges its own

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If you are catastrophically injured in Maryland, the legislature has already decided your suffering has a limit. However, if you are catastrophically injured in neighboring states such as Pennsylvania, a jury can decide what justice looks like.

The cap and what it costs

Current Maryland law caps noneconomic damages, compensation for pain, suffering, loss of companionship, and loss of dignity, in personal injury and wrongful death cases. As of 2026, that cap sits just below $1 million. It may seem like a large number — until a jury hears the full story: the facts of the case, the severity of the injuries, and the lasting impact on a person’s life.

Unfortunately, individuals with catastrophic injuries who receive jury awards exceeding one million dollars for pain and suffering often see those verdicts significantly reduced. Six Maryland jurors listen to the evidence, deliberate carefully, and reach what they believe is a fair outcome, but the legislature has already overridden their decision before they ever step into the courtroom.

Maryland also imposes a separate barrier through its punitive damages’ standard. Unlike compensatory damages, which are meant to make a victim whole, punitive damages exist to punish defendants for egregious conduct and deter others. Gross negligence means reckless disregard for human safety, such as a drunk driver or a company that knew its product was defective and sold it anyway. Under current Maryland law, that is not enough. Proving punitive damages requires actual malice: evil intent, ill will, fraud. Reform legislation to bring that standard in line with other states has been introduced the last two years, but has never been called for a vote. Maryland remains one of the few states where punitive damages are almost impossible to obtain.

This session, Maryland legislators introduced a bill to eliminate the cap on noneconomic damages. The bill never moved forward. The state had a clear chance to act and chose not to.

Together, these barriers prevent Maryland juries from delivering full and fair accountability.

Every neighboring state gives plaintiffs better access to justice

Pennsylvania offers perhaps the starkest contrast to Maryland law. Just across the border, there is no cap on noneconomic damages. A Pennsylvania jury can award whatever it determines a victim’s pain, suffering, and loss of dignity is worth.

Delaware, New Jersey, and the District of Columbia impose no such cap either. Their residents can walk into a courtroom and trust that a jury’s verdict will stand.

How do we access justice?

These cap reforms are not radical. Repeal the noneconomic damages cap and let juries decide what a victim’s suffering is worth. Advance punitive damages reform so that gross negligence claims can be weighed by a jury. Every fight comes down to the same question: who gets to decide what a Maryland victim’s suffering is worth? It should be a jury. Maryland’s legislature keeps saying otherwise.

Maryland has the opportunity in each legislative session to align itself with the vast majority of states that trust their juries and protect their residents. Year after year, that opportunity is deferred. When someone is catastrophically harmed through gross negligence, full accountability should follow, regardless of which side of a state line they live on. It’s past time for Maryland’s legislature to let juries do their jobs.

Bruce Plaxen is a Maryland trial attorney with over 40 years of experience representing injury victims. He is a past president and former legislative chair of the Maryland Association for Justice and the president of the American Association for Justice.