A jury says your injuries are worth $7 million. The law says you can collect $250,000. That gap is not a mistake or a technicality — it is Pennsylvania law, and on October 1, 2026, the Pennsylvania Supreme Court confirmed in Freilich v. SEPTA that the gap is constitutional and here to stay unless the legislature changes it.
What Happened in Freilich
The case involved a person struck by a SEPTA bus. The injuries were severe, and the damages were not really in dispute: the parties stipulated to a $7 million verdict, made up of $1 million in economic losses and $6 million in non-economic damages — the pain, suffering, and life disruption that come with a catastrophic injury.
The problem was 42 Pa.C.S. § 8528, Pennsylvania’s sovereign immunity damages cap. That statute limits recoverable damages against Commonwealth agencies to $250,000 per plaintiff. So even with a stipulated $7 million verdict, the amount SEPTA actually had to pay was a fraction of what a jury valued the claim at.
The plaintiff challenged the cap under two provisions of the Pennsylvania Constitution: the jury-trial guarantee in Article I, § 6, and the remedies clause in Article I, § 11, which protects access to the courts and a remedy for injuries. The argument, in plain terms, was that cutting a jury’s $7 million verdict down to $250,000 makes the jury’s work meaningless and denies an adequate remedy.
The Court’s Answer
Writing for a 5–2 majority, Chief Justice Todd rejected both challenges and upheld the cap. The Court’s reasoning drew a line between two different things: the jury’s job of finding facts and valuing a case, and the legal remedy that follows. The cap, the majority held, limits the remedy — it does not invade the jury’s fact-finding role. The jury still decides what happened and what the harm is worth; the statute simply sets the maximum the Commonwealth must pay.
As for the remedies clause, the Court said the fix, if there is to be one, belongs to the General Assembly. In other words, the $250,000 figure — set by lawmakers — can only be raised by lawmakers. Two justices dissented, but the majority’s ruling is the law of Pennsylvania now, and it shut the door on the constitutional attack that plaintiffs’ lawyers had hoped might open it.
What This Means for You
Here is the honest part, and it matters if you are ever hurt by a government vehicle or on government property. The $250,000 cap applies to claims against Commonwealth agencies — and that is a longer list than most people realize. It includes SEPTA, PennDOT (think highway design and maintenance defects), the Pennsylvania State Police, state universities, and other state agencies and their employees acting within the scope of their jobs.
If one of those agencies caused your injuries, your recovery is capped at $250,000 no matter how severe the injury is. A broken bone and a life-altering brain injury are subject to the same ceiling. That is harsh, but pretending otherwise would not help you. What it means practically is that these cases have to be evaluated differently from the start: identifying every potentially responsible party matters enormously, because a private party involved in the same incident — a contractor, a manufacturer, another driver — is not protected by the cap. It also means the deadlines and notice requirements for claims against government agencies, which are stricter than for ordinary claims, cannot be missed.
One more caveat: the cap discussed here applies to Commonwealth agencies under § 8528. Claims against local agencies like a city or a school district fall under a different statute with its own rules and its own cap, so the analysis is not identical — but the need for early, careful legal review is the same.
Talk to Us Before You Assume What Your Case Is Worth
Call the Law Offices of Jason P. Provinzano, LLC at 570-822-5771 for a free consultation at 16 W. Northampton Street in Wilkes-Barre. If a government agency was involved in your injury, we will tell you straight how the cap affects your claim and whether anyone else can be held responsible for the rest.
This article is general information about Pennsylvania personal injury law, not legal advice about your specific situation.
