Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Pennsylvania, whether you chose limited tort matters more than any multiplier.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

No ceiling

Pennsylvania places no general cap on non-economic damages, so the jury decides the figure.

Limited tort comes first

If you chose limited tort, you are generally precluded from recovering pain and suffering unless the injury meets the serious injury definition: death, serious impairment of body function or permanent serious disfigurement.

What counts as serious impairment

Pennsylvania courts have held that it requires an objectively manifested impairment of an important body function that affects the person's general ability to lead their normal life; the Supreme Court later held that the general ability to live a normal life test is no longer used.

Fault and the Fair Share Act

Your damages are reduced by your percentage of fault, you are barred if your negligence is greater than that of the defendants, and a defendant under 60% responsible pays only its share.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Pennsylvania's rules apply to your specific case with a licensed Pennsylvania attorney.