|State Name||Lawsuit Damages Grade|
Damages are the monies and injunctive relief awarded from a lawsuit. In the last 20 years, damages awards have greatly outpaced inflation and 75% of voters believe that awards on subjective damages should be reasonably limited.
Are noneconomic damages limited?
Why does this matter?Noneconomic damages are intended to provide financial relief for loss and harm that can't be precisely measured. This includes such things as "pain and suffering" and "emotional harm," awards that are difficult to numerize. As these damages are inherently subjective, caps provide guidance and help to normalize awards. Note that we do not recommend capping economic damages, the damages that reimburse actual expenses and monetary loss.
State Ratings for Factor
State Rating Alabama F Alaska A Arizona F Arkansas F California C Colorado A Connecticut F Delaware F Florida D Georgia F Hawaii C Idaho A Illinois F Indiana C Iowa F Kansas A Kentucky F Louisiana C Maine C Maryland A Massachusetts B Michigan C Minnesota F Mississippi A Missouri C Montana C Nebraska C Nevada C New Hampshire F New Jersey F New Mexico C New York F North Carolina C North Dakota C Ohio B Oklahoma B Oregon F Pennsylvania F Rhode Island F South Carolina C South Dakota C Tennessee A Texas C Utah C Vermont F Virginia C Washington F West Virginia C Wisconsin C Wyoming F
Are punitive damages limited?
Why does this matter?Punitive damages may be awarded against defendants whose conduct is particularly egregious. These damages are intended to punish defendants and deter future similar conduct. The US Supreme Court has recommended a 1 to 1 ratio for punitive to compensatory damages.
State Ratings for Factor
State Rating Alabama B Alaska A Arizona F Arkansas F California F Colorado A Connecticut B Delaware F Florida B Georgia B Hawaii F Idaho A Illinois F Indiana A Iowa F Kansas C Kentucky F Louisiana n/a Maine A Maryland F Massachusetts n/a Michigan n/a Minnesota F Mississippi C Missouri F Montana C Nebraska n/a Nevada B New Hampshire n/a New Jersey B New Mexico F New York F North Carolina A North Dakota A Ohio A Oklahoma A Oregon F Pennsylvania C Rhode Island F South Carolina B South Dakota F Tennessee A Texas A Utah F Vermont F Virginia A Washington n/a West Virginia n/a Wisconsin A
2 Model Policies
Noneconomic Damages Awards ActPlaces a cap on the noneconomic damages that can be awarded in a lawsuit.
Punitive Damages Standards ActEstablishes clear standards for the awarding of punitive damages and recommends a 2 to 1 ratio of punitive to compensatory damages when punitive damages are deemed appropriate.