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Caps on damages in different jurisdictions

Some states place limits, or 'caps,' on the amount of damages plaintiffs can recover in personal injury or wrongful death cases. These caps directly affect compensation in truck accident lawsuits.

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  • Truck Accident Law Team
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Article 2 of 6 in State-Specific Truck Accident Laws/

Caps on Damages in Truck Accident Cases Across Jurisdictions

Types of Damage Caps

  1. Non-Economic Damages Caps

    • Limits on compensation for pain, suffering, and emotional distress.
    • Common in medical malpractice cases, but some states extend them to personal injury or truck accident cases.
    • Example: Colorado caps non-economic damages around $600,000 (adjusted for inflation).

  2. Punitive Damages Caps

    • Many states cap punitive damages at a multiple of compensatory damages (often 2x or 3x) or a fixed dollar limit.
    • Example: Florida caps punitive damages at three times compensatory damages or $500,000, whichever is greater.

  3. Wrongful Death Caps

    • Some states limit recovery for loss of companionship or consortium.
    • Example: Virginia caps wrongful death damages in medical-related cases, with some exceptions for trucking claims.

States With No Caps

  • Many states (e.g., New York, Pennsylvania) have no general caps on personal injury or wrongful death damages.
  • Plaintiffs in these jurisdictions may recover full compensation awarded by a jury.

Policy Rationale

  • Supporters argue caps prevent excessive jury awards and stabilize insurance premiums.
  • Critics argue they unfairly limit victims’ recovery, especially in catastrophic injury or death cases.

Impact on Truck Accident Litigation

  • Attorneys must account for caps when valuing claims and negotiating settlements.
  • Caps can limit leverage in high-value cases, even where liability is strong.
  • In states without caps, jury verdicts may be substantially higher.
  • Damage caps vary widely and significantly affect outcomes.
  • Plaintiffs must know the specific rules in their jurisdiction to set realistic expectations.
  • Defense attorneys often use caps as a negotiation tool during settlement discussions.

Summary: Caps on damages differ across states. Some jurisdictions strictly limit non-economic or punitive damages, while others impose no caps at all. These rules can dramatically influence compensation in truck accident lawsuits.

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Truck Accident Law Team

Written by : Truck Accident Law Team

Attorneys, investigators, and legal writers focused on U.S. trucking safety, litigation strategy, and victim advocacy.

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