Medical Malpractice Cap by State Calculator 2027
Calculate medical malpractice settlement potential 2027 — see your state's noneconomic damage cap, total cap, comparative fault rules. Critical for settlement value.
Why Caps Exist
Tort reform movement (1990s-2000s) capped noneconomic damages to reduce insurance premiums for doctors. Studies mixed on effectiveness. 30+ states have caps; some unconstitutional in others.
State Cap Categories
No cap: NY, PA, FL, IL, NJ, GA, etc. Hard cap: CA ($350k MICRA), TX ($250k), NV ($350k). Total cap (rare): CO ($1M including economic). Hybrid: OH ($250k unless catastrophic = $500k).
Constitutional Challenges
Caps struck down: GA 2010, IL 2010, FL 2017 (specifically wrongful death), WA 2019. Check current status — laws change frequently.
Comparative Fault
If plaintiff partially at fault (e.g., 20% for not following instructions), damages reduced by that percentage. 13 states bar recovery if 50%+ at fault. 33 states reduce only.
Source: ABA Medical Liability Reform Reports, mcandl.com state malpractice cap tracker. Last updated: May 2026.
Frequently Asked Questions
Are economic damages capped?
Generally NO. Medical bills, lost wages, future care = unlimited in most states. Only pain & suffering (and sometimes wrongful death) capped.
What's the statute of limitations?
Varies wildly: 1-7 years depending on state. Most: 2-3 years from injury OR discovery. Special rules for minors (tolled until 18). Don't wait — case windows close fast.
What if injury caused death?
Wrongful death case. Most states uncapped for wrongful death. Survival claim for pre-death pain. Spouse/children eligible. Statute of limitations may differ.