(a) General rule.--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.
(b) Amounts recoverable.--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $500,000 in the aggregate.
(c) Types of losses recognized.--Damages shall be recoverable only for:
(1) Past and future loss of earnings and earning capacity.
(2) Pain and suffering in the following instances:
(i) death; or
(ii) only in cases of permanent loss of a bodily function, permanent disfigurement or permanent dismemberment where the medical and dental expenses referred to in paragraph (3) are in excess of $1,500.
(3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.
(4) Loss of consortium.
(5) Loss of support.
(6) Property losses.
(d) Insurance benefits.--If a claimant receives or is entitled to receive benefits under a policy of insurance other than a life insurance policy as a result of losses for which damages are recoverable under subsection (c), the amount of such benefits shall be deducted from the amount of damages which would otherwise be recoverable by such claimant.
(e) Exclusions.--This section shall not apply to damages awarded under section 8542(b)(9) (relating to exceptions to governmental immunity).
(Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019)
2019 Amendment. Act 87 added subsec. (e). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85 - Matters Affecting Government Units
Section 8502 - Enforcement proceedings
Section 8521 - Sovereign immunity generally
Section 8522 - Exceptions to sovereign immunity
Section 8523 - Venue and process
Section 8525 - Legal assistance
Section 8526 - Counterclaim by the Commonwealth
Section 8527 - Indemnity relating to inmate health care
Section 8528 - Limitations on damages
Section 8553 - Limitations on damages
Section 8541 - Governmental immunity generally
Section 8542 - Exceptions to governmental immunity
Section 8545 - Official liability generally
Section 8546 - Defense of official immunity
Section 8547 - Legal assistance
Section 8549 - Limitation on damages
Section 8550 - Willful misconduct
Section 8557 - Judgment as a bar
Section 8558 - Judgments against insured local agency
Section 8559 - Judgments against self-insured local agency and those not fully insured