Future Damages in Pennsylvania
In Pennsylvania, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
No-Fault
Auto System
Types of Future Damages in Pennsylvania
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Pennsylvania allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Pennsylvania Injury Law
Pennsylvania operates a choice no-fault system similar to New Jersey, where drivers elect limited or full tort coverage when buying auto insurance. Limited tort drivers can only sue for pain and suffering if they suffer a serious injury. Full tort drivers retain unrestricted lawsuit rights. Pennsylvania applies modified comparative fault with a 51% bar. The 2-year statute of limitations applies broadly. Pennsylvania courts — particularly in Philadelphia — produce some of the highest personal injury verdicts in the country. Philadelphia's reputation as a plaintiff-friendly venue has historically attracted mass tort litigation including asbestos, mesothelioma, and pharmaceutical cases. Pennsylvania has no general cap on compensatory damages for private defendants. Medical malpractice cases require a certificate of merit from a licensed professional. The Pennsylvania Sovereign Immunity Act limits claims against Commonwealth entities with specific damage caps. Workers' compensation is the exclusive workplace injury remedy under the Pennsylvania Workers' Compensation Act.