Were you injured because of another party’s actions in Scranton, PA? Personal injury cases can be complicated. An experienced Scranton personal injury lawyer at Fellerman & Ciarimboli, Law PC can help you fight for the full compensation you deserve. But first, you deserve answers to your pressing questions.
For over two decades, our team has provided compassionate, quality legal guidance for accident victims across the five boroughs.
Some answers to some common Scranton personal injury frequently asked questions are below. For more detailed information, contact our law offices in Scranton, Pennsylvania at (570) 714-4878 to schedule a free case review with a Scranton personal injury attorney.
How Can Fellerman & Ciarimboli, Law PC Help With a Personal Injury Case?
If you were injured due to someone else’s negligence or intentional wrongdoing, Fellerman & Ciarimboli, Law PC is here for you.
Recovering fair compensation for an injury can be difficult. Most victims are forced to deal with profit-driven insurance companies. Their defense teams can turn what seems like a cut-and-dry case into an uphill battle.
Our experienced Scranton personal injury lawyers can help in many different ways, including:
- Determining who, exactly, is responsible for paying your damages
- Providing access to respected experts who can prove complex or contested elements of your case
- Developing strategies to protect against the inevitable “blame the victim” insurance tactic
- Leveling the playing field by using their own resources to build the strongest claim for compensation possible
- Assessing your damages and calculating their value
- Handling all of the paperwork, communications, and legal filings
- Giving you time to rest and focus on healing while they negotiate for a full settlement
Even if your case never goes to trial, the insurance claims process can be exhausting and frustrating when you’re recovering from painful injuries. Your lawyer can handle the details.
Contact our law office in Scranton, PA, to learn more about how our Scranton personal injury lawyers can help with your case.
What Is a Personal Injury Case?
Personal injury cases allow injured parties to seek compensation from those responsible for their injuries. When someone else causes an injury, they should be held responsible. The law recognizes that fact and gives victims an avenue to pursue financial compensation.
There are two key ways to recover compensation:
- File a claim and settle with the at-fault party’s insurance company
- File a personal injury lawsuit and convince a judge and jury that you deserve compensation
Personal injury laws give victims the right to seek compensation that makes them “whole” again. Most personal injury cases involve accidents. Seeking monetary compensation is often the only way to hold careless people responsible for their actions.
Do I Have a Valid Personal Injury Case?
You could have a valid case against anyone who contributed to your injuries.
Three main legal grounds exist for personal injury claims:
- Negligence, which is a failure to use reasonable caution under the circumstances
- Strict liability, which is the legal grounds for most product liability cases
- Intentional torts, where the defendant intentionally harmed the victim
The vast majority of personal injury cases are based on negligence. It’s the victim who has the burden of proving they deserve compensation in any personal injury case.
In negligence cases, you must prove:
- The defendant owed you a legal duty of care (for example, all drivers on the road have a duty to obey traffic laws and drive carefully)
- Via some act or omission, the defendant breached the duty of care
- That breach of duty directly caused you to suffer some type of harm
- You sustained damages, physical injuries, emotional trauma, or financial losses
Our lawyers know how to investigate and locate the evidence to prove these elements. We often bring in experts to assist in proving complicated aspects of your case. Do you suspect you have a valid claim? It’s always best to contact a lawyer who can evaluate the facts and explain your legal options.
What Is My Scranton Personal Injury Case Worth?
There’s no easy answer to this question. While it’s one of the most common questions lawyers get, it’s impossible to accurately answer without carefully evaluating the facts.
To calculate your case value, our lawyers analyze:
- The type of injuries you’ve suffered
- The severity of the injury and your prognosis for making a full recovery
- Medical treatment costs
- Your out-of-pocket expenses
- Wages you’ve lost during recovery
- Anticipated future expenses associated with a long-term injury
- How a long-term disability will impact your future earnings
- Personal losses, including impacts on your physical and mental health and wellbeing
- The strength of the evidence to establish liability
- Available insurance coverage
Cases involving serious injuries are almost always worth more than those where only minor injuries are involved. Still, that’s not always the case. It’s important to hire a lawyer who will take the time to evaluate your unique situation.
What Types of Damages Are Available to Personal Injury Victims in Scranton?
Personal injury victims can seek compensatory damages from the party who has harmed them. As the name suggests, “compensatory damages” compensate victims for the specific losses they have suffered due to an injury.
Two primary types of compensatory damages exist in Pennsylvania: economic damages and non-economic damages.
Economic damages compensate for losses that are purely financial in nature, including:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Rehabilitation
- Vehicle repairs and other property damage
- Nursing care
- Home and vehicle modifications
- In-home assistance
Non-economic damages are also known as “pain and suffering” damages.
Examples include:
- Physical pain and suffering
- Emotional distress and trauma
- Diminished quality of life
- Loss of enjoyment of life
- Mental health issues, such as depression, PTSD or anxiety
- Physical disfigurement and scarring
- Reduced life expectancy
- Chronic pain
- Loss of consortium in wrongful death cases
Punitive damages are available where the defendant’s acts were intentional, malicious, or shockingly reckless. Punitive damages don’t compensate for a loss but instead serve to punish the defendant for their actions.
Do I Have to Go to Trial to Recover Compensation After an Accident in Scranton?
Most personal injury cases never go to court. Experienced attorneys know how to negotiate fair settlements outside of court. A trial typically only becomes necessary when a case is highly contested, or the insurance company refuses to negotiate in good faith.
Cases involving multiple defendants are also more likely to end up in court. That’s because allocating blame can be a complex and messy process–and defendants rarely want to accept their share of the blame.
How Much Does It Cost to Hire a Personal Injury Lawyer in Scranton?
Most Scranton personal injury law firms work on a contingency fee basis. Instead of paying when you hire us, we deduct our fees from your compensation award. When you hire us, you agree to pay a set portion of your settlement or verdict.
Can Shared Fault Impact the Value of My Scranton Personal Injury Case?
You aren’t prevented from recovering damages unless you are 51% or more to blame. When multiple parties share blame, each is assigned a percentage of fault based on the evidence.
Under Pennsylvania’s comparative negligence laws, your damages are reduced in proportion to the amount of fault deemed to be “yours”. However, if you’re mostly responsible, you can’t recover any compensation at all.
What Are Some Common Injuries Suffered by Personal Injury Victims in Scranton?
Personal injury cases can involve a wide range of injuries, including:
- Broken bones
- Concussions
- Dislocations
- Shoulder injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Whiplash injuries
- Internal bleeding
- Organ damage
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Remember that even a relatively mild injury can have a serious impact on your life. If you’ve suffered losses due to someone else’s acts, call a lawyer to see whether you have a strong case for compensation. It’s free, so it never hurts to ask.
What Are Some Common Personal Injury Cases in Scranton?
Personal injury claims can involve many different fact patterns.
Some common examples of personal injury cases include:
- Motor vehicle accidents, including car accidents, motorcycle accidents, and truck accidents
- Slip and fall accidents
- Dangerous property conditions and premises liability claims
- Medical malpractice
- Accidents involving pedestrians and bicyclists
- Bus accidents
- E-scooter accidents
- Uber or Lyft accidents
- Boating accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Nursing home abuse and neglect
- Intentional torts, including assault, sexual assault, and even homicide
If you were injured due to someone else’s actions, call our Scranton personal injury attorneys to discuss your legal rights today.
How Long Do I Have to File a Personal Injury Lawsuit After an Accident in Pennsylvania?
Every state has its own deadlines. In personal injury cases, most accident victims in Pennsylvania have two years to file a personal injury lawsuit. After two years pass, a judge can dismiss your case without consideration–and it’s highly unlikely that the defendant will offer a settlement.
Different deadlines can apply depending on the facts. The important thing is to remember that you don’t have unlimited time. Contacting a lawyer sooner rather than later is always a good idea.
Contact Our Scranton Personal Injury Lawyers for a Free Consultation
Our team at Fellerman & Ciarimboli, Law PC knows that you have questions. You can always call us to discuss these and other frequently asked questions about Scranton personal injury cases. Our Scranton personal injury lawyers are here to review your case for free, so don’t hesitate to reach out for legal help.
