Personal Injury Attorney in Scranton, PA

Where cases are filed. If an injury lawsuit has to be filed for an accident in Scranton, it is filed in the Lackawanna County Court of Common Pleas — the trial court for Lackawanna County, sitting in Scranton (the county’s court page is at pacourts.us). Most cases never get that far: they settle with the insurance company once the medical picture is clear and the claim is documented. But a case that is prepared as if it will be filed is a case that settles for what it is worth.

The two-year deadline. Pennsylvania gives you two years to file a personal injury lawsuit — 42 Pa.C.S. § 5524 covers actions “to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” The clock usually starts on the date of the injury. Miss the deadline and the claim is almost always gone, no matter how strong it was. Narrow exceptions exist, but betting a claim on one is a bad plan. Treat two years as the outer wall, and talk to a lawyer well before it — evidence fades and witnesses scatter.

Shared fault does not end your case. Pennsylvania follows modified comparative negligence under 42 Pa.C.S. § 7102. Being partly at fault does not bar your recovery as long as your negligence was not greater than the other side’s — in practice, you can recover if you were 50% or less at fault, with your damages reduced by your percentage of fault. If you were 51% or more at fault, you recover nothing. Insurers know this rule well and will argue your share of fault up; fault percentages are negotiated and litigated, not handed down by the adjuster.

What it costs. Injury cases are handled on contingency: our fee is a percentage of what we recover for you, agreed in writing up front, and you pay no legal fee unless we win. The consultation is free, and it stays free whether or not you hire us.

One honest note: our practice is mostly bankruptcy — it has been for years. We take a smaller number of injury cases, and we take them seriously. (If what you actually need is debt relief, our Scranton bankruptcy page and our bankruptcy overview are the place to start.) If we don’t think we are the right fit for an injury case, we will tell you that on the first call, not the fifth.

Questions, Answered Plainly

General information only — not legal advice for a specific situation.

Q: How long do I have to file a personal injury lawsuit in Pennsylvania?
A: Two years. Under 42 Pa.C.S. § 5524, an action to recover damages for injuries to the person — or for a death caused by someone’s wrongful act, neglect, or negligence — must be commenced within two years, and the clock usually starts on the date of the injury. That deadline covers car accidents, slip and falls, dog bites, and wrongful death claims. There are narrow exceptions, but they are exceptions for a reason. If you were hurt in Scranton or anywhere in Lackawanna County, do not let the calendar make the decision for you — records get lost and witnesses’ memories fade long before the two years run out.

Q: I have limited tort. Can I still recover anything after a car accident?
A: Yes — limited tort does not mean no claim. Under 75 Pa.C.S. § 1705, a limited tort policy still lets you recover all medical and other out-of-pocket expenses. What it restricts is compensation for pain and suffering and other nonmonetary damages, unless your injuries meet the definition of “serious injury” — death, serious impairment of body function, or permanent serious disfigurement — or another statutory exception applies. And here is the part insurers do not advertise: the limited tort option only binds you if it was elected in writing on a signed form. If nobody can produce your signature, you may be treated as full tort, with an unrestricted right to seek full compensation. Have a lawyer look at the actual paperwork before you accept an adjuster’s answer.

Q: The accident was partly my fault. Do I still have a case?
A: Quite possibly, yes. Pennsylvania’s comparative negligence law, 42 Pa.C.S. § 7102, says your own negligence does not bar recovery as long as it was not greater than the negligence of the people you are suing. In numbers: at 50% fault or less, you can still recover, reduced by your percentage of fault — 20% at fault means you recover 80% of your damages. At 51% or more, you recover nothing. Because that line is so sharp, expect the insurance company to push your percentage up. Fault is argued from evidence — police reports, vehicle damage, witnesses, road conditions — which is another reason to get a lawyer involved early.

Q: Where would my case be filed if I was hurt in Scranton?
A: In the Lackawanna County Court of Common Pleas, the trial court in Scranton, if a lawsuit becomes necessary. Many cases never reach a courthouse: once your treatment is complete or your prognosis is clear, we present a documented claim to the insurance company and negotiate. Filing suit is the lever that remains if the insurer won’t offer fair value, and the two-year deadline is what keeps that lever available. Either way, the work is the same — gather the records, prove the losses, and don’t let the adjuster set the value of your claim unchallenged.

Q: What does it cost to hire a personal injury attorney in Scranton?
A: The consultation is free, and injury cases are handled on contingency: you pay no legal fee unless we recover money for you. Our fee is a percentage of the recovery, set out in a written agreement before any work begins, so there are no surprises. That structure exists so an injured person in Scranton can afford the same quality of representation the insurance company already has on its side. If we review your situation and don’t think a claim makes sense — or don’t think we’re the right firm for it — we’ll tell you honestly, and the advice costs you nothing.

Q: Do I have to travel to Wilkes-Barre to meet with you?
A: No. Our office is at 16 W. Northampton Street in Wilkes-Barre, and you are welcome there — but Jason also meets Scranton-area clients in Scranton by appointment, and much of an injury case (records, updates, even most negotiations) is handled by phone and video. We also offer after-hours and weekend appointments for people who can’t miss work. Call 570-822-5771 and tell us what is easiest for you; we will work around your schedule, not the other way around.