Lancaster, PA - October 26, 2026 - The Pennsylvania Supreme Court has issued a decision in Freilich v. Southeastern Pennsylvania Transportation Authority, upholding the constitutionality of the state's $250,000 cap on damages in injury claims against Commonwealth agencies. The cap was set in 1978 and has never been adjusted for inflation. RG Injury Law, a Lancaster-based personal injury and workers' compensation firm, is highlighting the ruling for Pennsylvania residents who may not realize how sharply the law limits recovery when a state agency causes their injuries.
A $7 Million Verdict Reduced to $250,000
The case began when Hayley Freilich was struck by a SEPTA bus and suffered catastrophic injuries. They included a partial amputation of her left foot, skin grafts, tendon surgeries, and permanent nerve damage that will require lifelong care. SEPTA admitted negligence, and the parties agreed to a stipulated jury verdict of $7 million.
The trial court then reduced the verdict to $250,000 under the Sovereign Immunity Act. Freilich argued that the reduced amount would leave her with little or nothing once legal fees, medical costs, and insurer reimbursements were paid. The Supreme Court nonetheless held that the cap limits the remedy without violating the right to a jury trial or the right to a remedy under the Pennsylvania Constitution.
Three justices, including Chief Justice Debra Todd, wrote separately to urge the General Assembly to raise the cap. Justices Christine Donohue and Daniel McCaffery dissented.
"Most people assume that if a government vehicle hits them and the jury agrees they deserve millions, they'll receive it," said Chad Rankin, Personal Injury Attorney at RG Injury Law. "This ruling confirms that isn't how Pennsylvania law works when the Commonwealth is responsible. It makes it even more important for injured people to identify every other party and every other source of coverage early, before deadlines pass."
Key takeaways from the ruling include:
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Damages against Commonwealth agencies remain capped at $250,000 per person, no matter how large the jury verdict
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The cap has not changed since 1978, and its real value continues to shrink with inflation
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The court left any increase to the legislature, and three justices openly called for one
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Private contractors, other drivers, and equipment manufacturers who share fault are not protected by the state's cap
What Injured People in Lancaster County Should Know
Lancaster County residents share the road with PennDOT trucks and snowplows and other state vehicles every day, and many of the county's busiest routes are state-maintained highways. As winter approaches, plow crashes and roadway hazards on state roads become more common.
Claims against government entities come with strict rules. Injured people generally must give written notice of a claim within six months of the injury, a far shorter window than the two-year statute of limitations for most personal injury cases. Local agencies such as townships and municipalities operate under a separate cap, and a claim against them must fit within narrow exceptions to immunity.
Consulting an attorney early helps identify every responsible party, including private contractors working on state projects. It also protects the claim before the notice deadline closes.
About RG Injury Law
RG Injury Law, founded by attorneys Chad Rankin and William Gregory, is a Lancaster, Pennsylvania personal injury and workers' compensation law firm serving clients throughout Lancaster County and Central Pennsylvania. Both lead attorneys hold an AVVO rating of 10, AV Preeminent status from Martindale-Hubbell, and Super Lawyers recognition. The firm wins or settles 99 percent of its Pennsylvania cases and operates four office locations across Lancaster County. Clients pay no fees unless RG Injury Law recovers compensation on their behalf.
To request a free case review, call 717.656.5000.
Media Contact
RG Injury Law, Rankin & Gregory, LLC
1476 Lititz Pike, Lancaster, PA 17601
Phone: 717.656.5000
Email: help@rginjurylaw.com
