Why There Is No Cap on Pain & Suffering Damages in Pennsylvania

Pennsylvania has no cap on compensatory damages, and it is the constitution, not just the legislature, that says so.

No cap on compensatory damages

In Pennsylvania there are no general caps on compensatory or non-economic damages in standard personal injury cases.

The constitutional bar

Article III, Section 18 of the Pennsylvania Constitution provides that the General Assembly may limit recovery only in workers' compensation cases; in no other cases may it limit the amount recovered for injuries resulting in death, or for injuries to persons or property.

Medical malpractice

Pennsylvania does not have caps on economic or noneconomic medical malpractice damages. Punitive damages are capped at 200% of compensatory damages in malpractice claims against individual physicians, with no limit against hospitals, and 25% of any punitive award goes to the MCARE Fund.

Punitive damages

Outside malpractice, punitive damages are not capped by statute but must be proportionate to compensatory damages.

Where the limits are

Limits come from the auto insurance choice of limited tort, the 50% fault bar and the Fair Share Act's several-liability rule, covered on the other pages.

Injured in Pennsylvania?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Pennsylvania attorney

Official sources

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.