Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the non - economic loss the plaintiff suffers is at least 33%, but less than 100%, of a most extreme case, the court must not award as personal injury damages for non - economic loss an amount that exceeds the applicable percentage of the maximum amount of damages for non - economic loss.
(2) The applicable percentage is the extent of the non - economic loss the plaintiff suffers, expressed as a percentage of a most extreme case.