Pennsylvania: Economic vs. Non-Economic Damages Guide

Pennsylvania malpractice juries break their verdict into six specific categories — a distinctive, uncapped structure.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In a Pennsylvania personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain, suffering, and similar nonpecuniary harm. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

A distinctive six-category breakdown for malpractice

In a Pennsylvania medical malpractice case, the MCARE Act requires the jury to separately enumerate a specific dollar amount for six distinct categories, rather than rendering a single lump-sum verdict: past medical expenses, future medical expenses, past lost earnings, future lost earnings, past noneconomic damages, and future noneconomic damages. Future medical expenses must also be specified year by year.

Itemization without a limit

This itemization requirement changes how a jury reports its findings, not what it can award. None of the six categories carries a dollar cap — future noneconomic damages are not even reduced to present value the way future economic damages are, since Pennsylvania law recognizes that pain and suffering awards don't lend themselves to the same financial discounting.

Punitive damages sit outside this structure

Punitive damages are a separate category entirely from the six compensatory categories above. Unlike those six, punitive damages against an individual physician in a Pennsylvania malpractice case are capped at 200% of the compensatory damages award under the MCARE Act, with 25% of any punitive award required to go to the MCARE Fund.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in a Pennsylvania personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in a Pennsylvania personal injury claim?

Non-economic damages are nonpecuniary harm — pain, suffering, and similar losses that don't come with a dollar receipt.

What is the MCARE Act's six-category itemization requirement?

In a medical malpractice case, the MCARE Act requires juries to separately enumerate a specific dollar amount for six categories — past and future medical expenses, past and future lost earnings, and past and future noneconomic damages — rather than rendering one lump-sum verdict.

Does this itemization requirement come with a cap on any of the six categories?

No. The MCARE Act imposes no limit on any of the six categories, including noneconomic damages — it changes how the jury reports its findings, not what it can award.

Are punitive damages itemized the same way in a Pennsylvania malpractice case?

Punitive damages are a separate category from the six compensatory categories, and unlike those six, punitive damages against an individual physician are capped at 200% of the compensatory award under the MCARE Act.

This page provides general guidance only and is not legal advice. Figures are based on the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act, verified per our methodology. Confirm what counts toward a specific claim with a licensed Pennsylvania attorney before acting.