Medical malpractice settlement calculator

Does your state cap malpractice damages?

According to the Center for Justice & Democracy's September 2025 state law summary, states fall into four categories:

• Total damage cap (6 states): Colorado, Indiana, Louisiana, Nebraska, New Mexico, Virginia — both economic and non-economic damages are capped.
• Non-economic damage cap only (24 states): Alaska, California, Hawaii, Iowa, Idaho, Massachusetts, Maryland, Michigan, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nevada, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin (plus Colorado, which also has a separate non-economic cap). Medical bills and lost wages aren't capped — only pain and suffering.
• Cap struck down, not re-passed (8 states): Alabama, Florida, Georgia, Illinois, Kansas, New Hampshire, Oregon, Washington — a cap existed, courts found it unconstitutional, and the legislature hasn't re-passed one. Verify current status, as this can change.
• No cap: the remaining states plus DC.

What you actually have to prove

A bad outcome isn't malpractice by itself. You have to show the provider deviated from the accepted standard of care, and that the deviation — not the underlying condition — caused your injury. Both points typically require expert medical testimony. Most states also require a certificate of merit or expert affidavit filed early, confirming a qualified expert believes the claim has merit, before the case can proceed.

Medical malpractice statutes of limitations are often shorter than general personal injury statutes and frequently layer a "discovery rule" deadline on top of an outer statute of repose. Check your state's specific malpractice statute — the general personal injury deadline on how long a case takes does not apply here.