DAMAGES IN CIVIL ACTIONS GENERALLY Present law provides that, in a civil action, each injured plaintiff may be awarded (i) compensation for economic damages suffered by each injured plaintiff, and (ii) compensation for any noneconomic damages suffered by each injured plaintiff not to exceed $750,000 for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. This bill increases the upper limit for noneconomic damages under this provision to $1.5 million. NONECONOMIC DAMAGES UNDER COMPARATIVE FAULT Present law provides that, if multiple defendants are found liable under the principle of comparative fault, then the amount of all noneconomic damages, not to exceed $750,000 for each injured plaintiff, must be apportioned among the defendants based upon the percentage of fault for each defendant, with certain limitations. This bill increases the upper limit for noneconomic damages under this provision to $1.5 million. NONECONOMIC DAMAGES FOR CATASTROPHIC INJURY OR LOSS Present law provides that, if an injury or loss is catastrophic in nature, the $750,000 amount limiting noneconomic damages, as set forth in the provisions above is increased to, but must not exceed, $1 million. As used in present law, "catastrophic loss or injury" means (i) spinal cord injury resulting in paraplegia or quadriplegia; (ii) amputation of two hands, two feet, or one of each; (iii) third degree burns over 40% or more of the body as a whole or third degree burns up to 40% percent or more of the face; or (iv) wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation. This bill increases the upper limit for noneconomic damages under this provision to $2 million. LIMITS FOR NONECONOMIC DAMAGES GENERALLY Present law prohibits all noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, from exceeding in the aggregate a total of $750,000, unless catastrophic injury or loss applies, in which case the aggregate amount must not exceed $1 million. This bill increases the upper limit for noneconomic damages under this provision to match the new upper limits of $1.5 million and $2 million that are described above. APPLICABILITY This bill applies to actions accruing on or after July 1, 2025. ON APRIL 9, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 419, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:  Defines, for purposes of civil damage awards, "catastrophic loss or injury" to include wrongful death of an unborn child at any stage of gestation in utero when mifepristone or misoprostol is sent directly to a patient by a defendant via courier, delivery, or mail service in violation of law.  Clarifies that this amendment does not prohibit the lawful use of mifepristone or misoprostol by a pharmacist or physician.  Clarifies that this amendment does not apply to (i) a pharmacist, (ii) a physician, (iii) a motor carrier or freight forwarder, or (iv) an air carrier.  Applies this amendment to a cause of action filed on or after July 1, 2025.

Statutes affected:
Introduced: 29-39-102(a)(2), 29-39-102, 29-39-102(b), 29-39-102(c), 29-39-102(e)