Understanding Non-Economic Damages Caps in Pennsylvania

When an injury occurs, the losses extend far beyond medical bills and lost wages. The emotional cost, chronic pain, loss of enjoyment, and long-term life changes all matter—and these fall under non-economic damages. In Pennsylvania, there is no cap on non-economic damages in most personal injury cases.

What Are Non-Economic Damages?

Non-economic damages cover losses that cannot readily be counted in dollars. Examples include:

• Physical pain and suffering
• Emotional distress or trauma
• Loss of enjoyment of life or hobbies
• Disfigurement, scarring, or permanent impairments
• Loss of companionship or quality of relationships

These damages are different from economic losses—like hospital bills, lost income, or repair expenses—that you can tally with receipts or invoices. The law recognizes both types of losses because personal injury impacts life in physical, emotional, and financial ways.

Are There Caps on Non-Economic Damages in Pennsylvania?

In Pennsylvania, the general rule is that non-economic damages are not capped. That means when someone is injured due to someone else’s negligence, they may seek compensation for pain, suffering, and other intangible losses without a fixed maximum. However, there are some exceptions. Cases involving claims against government entities include statutory limits. For example:

• When the defendant (at-fault party)  is the Commonwealth of Pennsylvania (state government), the cap on damages is $250,000 per plaintiff.
• When the defendant is a local government entity, the cap on damages is $500,000 per incident.

These caps apply to the aggregate of all damages (economic + non-economic) in government claims, meaning non-economic damages are not separately capped but are constrained by the overall limit.

Why Caps on Damages Matter and How It Affects You

If non-economic damages are unlimited, your claim might reflect the full impact of your injuries, your daily suffering, long-term changes, and your life’s disruption. That can influence how you approach settlement talks, how you document your losses, and how you prepare for negotiations or trial. On the other hand, if your case involves a government defendant, your attorney might need to emphasize certain losses early, gather robust evidence of pain and suffering, and advise you of the practical limits on recovery.

What Affects the Amount of Non-Economic Damages?

Even without a cap, certain factors heavily influence how much non-economic damages a victim may recover. These include:

• Severity of the injury and its lasting effects
• How long the pain or emotional distress continues
• Whether the injury affects your ability to enjoy life or activities you once did
• Your age, overall health before the accident, and outlook for recovery
• Clear evidence linking your suffering to the incident

Because non-economic damages are inherently subjective, presentation matters significantly. Detailed medical records, mental-health evaluations, personal testimony about lifestyle changes, and expert opinions can all help provide a clearer picture of the losses you face.

How to Protect Your Non-Economic Damaged

To ensure that your non-economic damages receive full consideration:

• Keep detailed documentation of your pain, emotional distress, and life changes.
• Record how the injury affects daily activities—work, hobbies, family life.
• Seek help from professionals—therapists, counselors, medical experts—to demonstrate emotional or psychological impact.
• Avoid accepting any early settlement until your full losses are clear, including long-term impairment and life impact.

Working with a lawyer is the most vital protection. They will guide you through the process of documenting your non-economic losses, recover evidence, and ensure your rights are protected.