JENKINTOWN PERSONAL INJURY ATTORNEYS

Damage caps can significantly impact the amount that a personal injury victim can recover in compensation. If you’re hurt in an accident, it’s important to understand what damage caps are. When damages apply, understanding how the caps work can give you clear expectations during the claims process. Our Pennsylvania personal injury attorney team explains personal injury damage caps.

Yes, there are damage caps in Pennsylvania personal injury cases. However, they only apply in some types of cases. In addition, they apply only to certain types of damages. There are some limits in Pennsylvania personal injury cases when the case is against a government agency or when it involves medical malpractice.

Limits to damages in Pennsylvania personal injury cases

There are limits to damages in only some kinds of Pennsylvania personal injury cases:

Damage caps in cases against the Commonwealth of Pennsylvania

One kind of case where a damage cap exists is a case against the Commonwealth of Pennsylvania. When you’re hurt because of the actions or negligence of a state employee, you may want to bring a claim for compensation against the Commonwealth. When the state is named as the defendant in the case, Nevada law 42-8528 applies. The law imposes a $250,000 damage cap for the case.

Damage caps in cases against local Pennsylvania governments

If the case is against a local government entity, a similar damages cap applies that applies to cases against the Commonwealth. However, if the case is against a local government, the damages cap is $500,000. Pennsylvania law 43-8553 applies in order to limit damages at $500,000. In addition to this limitation, there are standards for when a case qualifies for pain and suffering compensation.

Pennsylvania damage caps in medical malpractice cases

In addition, damages caps apply in medical malpractice cases. In a medical malpractice case, the victim cannot receive more than 200% of their compensatory damages as a punitive damages award. In addition, 25% of any punitive damages award in a medical malpractice case is payable to the MCARE fund instead of to the plaintiff. The MCARE fund is the Medical Care Availability Reduction of Error fund.

Understanding damages caps in Pennsylvania personal injury cases

When you’re a personal injury victim, it’s important to be aware of personal injury caps and how they operate. Remember that when caps apply, there are limits per person and limits in the aggregate. If there are multiple victims, they may each qualify to receive compensation up to the individual limits. It’s also important to understand that comparative negligence still applies, and damages are always based on the individual losses of the victim. A Pennsylvania personal injury attorney can help you understand caps and recover the maximum amount possible for your case.

Contact our Pennsylvania personal injury attorney team

Do you have a question about damage limits in Pennsylvania? We’re taking new cases, and we want to help. Contact our Pennsylvania personal injury attorney today for your consultation.