Punitive Damages Cap Calculator 2026
Punitive damages awards face state-statutory caps and US Supreme Court 'BMW guideposts' (single-digit ratio to compensatory damages). This tool computes maximum likely punitive based on state law and the 4:1 ratio rule from State Farm v. Campbell.
State Statutory Caps Overview
Texas: 2x compensatory or $200K + $750K of non-economic. Florida: 3x or $500K. Georgia: $250K most cases (no cap for intentional + DUI). Virginia: $350K total cap. Colorado: 1:1 cap (one of strictest). California and New York: no statutory cap but case law follows BMW guideposts. Several states (AL, NC, NV) cap based on ratio only.
US Supreme Court BMW Guideposts
BMW v. Gore (1996) established three guideposts: (1) Reprehensibility of conduct, (2) Ratio of punitive to compensatory damages (single-digit usually constitutional), (3) Comparable civil penalties. State Farm v. Campbell (2003) tightened: 4:1 ratio is presumptively constitutional, higher ratios receive heightened scrutiny.
How To Maximize Likely Award
Three factors: (1) Document egregiousness extensively — emails, internal memos, repeated conduct. (2) Stay within single-digit ratio in argument to court. (3) Use comparable civil penalty examples to justify award. Awards above 9:1 face near-certain reduction on post-trial motion or appeal regardless of state cap.
Source: BMW of North America v. Gore (1996), State Farm v. Campbell (2003), 50-state punitive damages survey. Last updated: May 2026.