Can lawsuit damages caps harm those injured? Damages-cap legislation restricts amounts a injury can award for injuries, no matter what case facts may be. Some state legislatures have enacted caps in civil cases, while others have not. Some caps apply to specific kinds of cases, such as medical malpractice. Other caps limit only noneconomic damages, and some limit punitive damages.

In states that cap damages, a jury’s or judge’s award is automatically reduced to the amount of the cap- even though the jury or judge may believe the paontiff should be awarded more then the cap as compensation, or even if the circumstances of the case show that at negligent or malicious defendant should be punished with a significant punitive-damages award. There is generally no way to raise a damages award beyond the cap once it is written in law.

Here is an example of how a cap of $205,000 on noneconomic damages may be incredibly unfair to some victims.
VICTIM A
The victim’s injuries
After being hit by a drunk driver, the victim’s car caught fire. Her husband (a passenger) was killed; she was burned and left disfigured, and lost the use of her right arm. She was a homemaker and can not longer work.
The amount the jury originally believed should be awarded
$1.2 million noneconomic damages
The amount the victim is awarded based on the legislature’s cap
$250,000 noneconomic damages

VICTIM B
The victim’s injuries
After being hit by a drunk driver, this victim suffered two broken legs, had to have surgery to repair them, and was forced to wear a full body cast for two months.
The amount the jury originally believed should be awarded
$250,000 noneconomic damages
The amount the victim is awarded based on the legislature’s cap
$250,000 noneconomic damages

VICTIM A, who suffered worse injuries than Victim B, nonetheless takes home the same compensation for her losses as VICTIM B. Even though the jury thought Victim A deserved far more compensation, the jury’s judgment was overruled by a cap punt in place by the legislature long before Victim A’s case ever arose.

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