Scranton Personal Injury Lawyer | Scartelli Olszewski, P.C.
Scranton personal injury lawyer

Scartelli Olszewski has tried serious injury cases in Lackawanna County since 2001. Cases settle for serious money when the firm on the other side is ready to try them. Our results across medical malpractice, trucking, auto, premises liability, product liability, dram shop, and wrongful death include a $10 million jury verdict in a medical malpractice case, the largest birth injury settlement in Lackawanna County history, and a precedent-setting punitive damages verdict against a doctor in Luzerne County. We file and try cases in the Lackawanna County Court of Common Pleas at 200 Adams Avenue, minutes from our Scranton office at 411 Jefferson Avenue.

In 2024, Pennsylvania recorded 110,765 reportable traffic crashes statewide, with 66,950 people injured and 1,127 killed, according to PennDOT’s Pennsylvania Crash Facts and Statistics 2024. Beyond the crash numbers, Lackawanna County personal injury filings span trucking, medical malpractice, premises liability, products liability, dram shop, and wrongful death. The I-81, I-84, and I-380 corridors, the I-476 Northeast Extension, and the Route 6 commercial belt drive a sustained share of the volume. A hospital-dense Scranton market drives the medical malpractice volume. The continued growth of warehousing and distribution along I-81 drives the trucking volume.

Scartelli Olszewski, P.C. is led by Melissa A. Scartelli, founder, president, and Board Certified Civil Trial Advocate by the National Board of Trial Advocacy.

  • Proven Results: $10 million Luzerne County verdict.
  • Largest settlement of a birth injury case in Lackawanna County history
  • Precedent-setting punitive damages verdict against a doctor in Luzerne County
  • 100+ combined years of attorney experience across medical malpractice, personal injury, and criminal defense
  • Led by Board Certified Trial Advocate Melissa Scartelli, one of the very few female attorneys in Pennsylvania with this certification
  • Former Judge and former DA on staff
  • Super Lawyers recognition for 17 consecutive years (2010-2026)
  • 4.7 stars on Google from verified clients
  • Free case review. Available 24/7. Zero upfront cost.

Call our Scranton office at (570) 346-2600 or visit 411 Jefferson Avenue, Scranton, PA 18510 for a free, confidential case review. We are minutes from the Lackawanna County Court of Common Pleas at 200 Adams Avenue where Scranton-area cases are filed.

Why Hire a Scranton Personal Injury Lawyer?

  • We Try Cases in Lackawanna County. Our Scranton office at 411 Jefferson Avenue is minutes from the Lackawanna County Court of Common Pleas at 200 Adams Avenue. We file, prepare, and try cases in the same courthouse defense counsel walks into. Insurance carriers track which firms in this county will take a case to a jury and price their offers accordingly.
  • We Build Every Case for Trial From Day One. Documenting every dimension of loss from the first call protects your leverage whether the case settles or goes to verdict. Carriers raise their offers when they know the firm on the other side will not flinch.
  • Trial-Tested Founder. Melissa A. Scartelli is the firm’s founder and lead trial attorney on serious cases. She holds Civil Trial Advocate certification from the National Board of Trial Advocacy, an ABA-accredited certifying organization recognized under Pa.R.P.C. 7.4. She has been named to the Super Lawyers list for 17 consecutive years and to the Top 50: Women Pennsylvania Super Lawyers list in 2024 and 2025.
  • Former DA and Judge on the Team. Peter Paul Olszewski, Jr. served as Luzerne County District Attorney and as a Judge on the Court of Common Pleas before joining the firm. He knows local courts, local juries, and how the other side thinks.
  • Expert Network for Catastrophic Cases. We work with accident reconstruction engineers, biomechanical specialists, treating orthopedists and neurologists, life care planners, vocational economists, and same-subspecialty medical experts in malpractice cases.

Proven Results in Pennsylvania Personal Injury Cases:

  • $10 million jury verdict (medical malpractice, Luzerne County)
  • $1.5 million verdict including punitive damages (orthopedic surgical malpractice)
  • $2.2 million tractor trailer settlement
  • $1.8 million work truck injury settlement
  • $650,000 car accident settlement

See our full case results, read what our clients have said, or meet our attorneys.

Past results do not guarantee a similar outcome. Every case is unique and the value of any claim depends on its specific facts.

Personal Injury Cases We Handle in Scranton

Most personal injury cases in Lackawanna County fall into a recognizable set of categories. Each has its own evidence-preservation timeline, its own statutory framework, and its own conversion path. Click through to the dedicated Scranton page for each practice area for the full treatment.

Scranton Car Accident Lawyer

Car accidents are the highest-volume category in Lackawanna County and the most likely to involve the Pennsylvania tort election (full vs. limited tort under 75 Pa.C.S. §§ 1702 and 1705), modified comparative negligence under 42 Pa.C.S. § 7102, and Paul Miller’s Law on hands-free driving (75 Pa.C.S. § 3316.1, eff. June 5, 2025). For a comprehensive walkthrough of Pennsylvania car accident law and how it applies to Lackawanna County crashes, see our Scranton car accident lawyer page. Common Scranton-area fact patterns include rear-end collisions on I-81, T-bone crashes at intersections downtown, hit-and-run patterns, multi-vehicle pile-ups in winter weather, and rideshare crashes (Uber and Lyft) where the policy stack shifts depending on whether the driver was active on the app at the moment of impact.

Scranton Truck Accident Lawyer

Trucking cases are usually larger because federal financial responsibility minimums under 49 C.F.R. § 387.9 require commercial carriers to maintain coverage well above ordinary auto policy limits, and because the underlying injuries are more severe. The case-defining work happens in the first days, not the first months: ELD records, EDR downloads, driver qualification files, drug and alcohol test results, dispatch communications, and dashcam video are perishable. We send formal preservation letters within hours and pursue spoliation sanctions where appropriate. The growth of warehousing and distribution along I-81 has produced sustained heavy commercial traffic through Lackawanna County, with recurring serious-crash patterns near warehouse-district exits in Dunmore, Jessup, Olyphant, and Pittston. See the Scranton truck accident lawyer page or call (570) 346-2600.

Scranton Motorcycle Accident Lawyer

Motorcyclists in Pennsylvania always retain full tort rights and are excluded from the no-fault PIP framework, which means recovery for pain and suffering does not require crossing any injury threshold. The challenge in motorcycle cases is anti-rider bias from adjusters, who reflexively reach for “speeding,” “weaving,” or “no helmet” to push fault onto the rider. We counter that bias with accident reconstruction, EDR data from the at-fault vehicle, intersection footage, and witness statements. Common fact patterns in Lackawanna County include left-turn-across-path collisions at intersections, lane-change sideswipes on I-81 and I-84, and curve-and-gravel crashes on Route 307. See the Scranton motorcycle accident lawyer page for the full treatment, or call (570) 346-2600.

Scranton Medical Malpractice Lawyer

Pennsylvania medical malpractice claims live or die on the Certificate of Merit under Pa.R.C.P. 1042.3, on expert qualification under 40 P.S. § 1303.512, and on the discovery-rule and tolling framework that has shifted significantly since Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019). The Scranton market is hospital-dense, with major facilities, regional referral centers, and independent practices all operating in Lackawanna County. We retain qualified, same-subspecialty experts early, secure the complete medical file before records can be altered, and document every dimension of loss from day one. See the Scranton medical malpractice lawyer page or Pennsylvania medical malpractice lawyer page for the full treatment.

Scranton Slip and Fall and Premises Liability Lawyer

Property owners in Pennsylvania owe duties that vary based on the visitor’s status (invitee, licensee, trespasser) and the nature of the hazard (open and obvious, latent, naturally occurring). The case-defining work in slip and fall is evidence preservation: incident reports, surveillance footage, maintenance logs, prior complaints, and weather records are perishable. The “hills and ridges” doctrine continues to limit liability for natural snow and ice accumulations under Pennsylvania law and is a recurring defense in winter slip and fall claims. See the Scranton slip and fall lawyer page.

Scranton Pedestrian and Bicycle Accident Lawyer

Pedestrians and cyclists struck by motor vehicles are not subject to the limited tort election under 75 Pa.C.S. § 1705, so full pain and suffering recovery is preserved regardless of the injured person’s auto insurance election. Common Scranton fact patterns include downtown pedestrian crashes near Public Square and the Marketplace at Steamtown corridor, and cyclist-vehicle crashes on shared-use commuter routes. Surveillance footage from nearby businesses and intersection cameras is the case-defining evidence and gets overwritten in days. See our Pennsylvania car accident lawyer page for the full treatment of tort election exceptions, or call (570) 346-2600.

Scranton Dog Bite and Animal Attack Lawyer

Pennsylvania dog bite liability operates on a hybrid framework: the Dog Law at 3 P.S. § 459-502-A creates strict liability for medical costs in covered cases, while common law and Section 11 of the Dog Law support recovery of full damages where a “dangerous dog” finding can be made or where the owner’s negligence is proved. Scarring and disfigurement, particularly in pediatric victims, drives non-economic damages in these claims.

Scranton Wrongful Death Lawyer

When negligence causes death, surviving families can pursue a wrongful death claim under 42 Pa.C.S. § 8301 and a survival action under 42 Pa.C.S. § 8302. The wrongful death claim recovers for the family; the survival action recovers for the estate. Both have a two-year statute of limitations from the date of death. We handle wrongful death across every cause: motor vehicle, trucking, medical malpractice, workplace, dram shop, and product liability. See our understanding wrongful death claims in Pennsylvania explainer or our wrongful death lawyer page.

Scranton Brain Injury and Spinal Cord Injury Lawyer

Catastrophic-injury cases are framed by life care planning, vocational analysis, and economic-loss expert testimony. Lifetime cost of care for severe TBI and for paraplegia and tetraplegia routinely runs into the millions. Symptoms of TBI may not appear immediately; mild concussion can produce lasting cognitive impairment and personality change. Insurance carriers contest causation and severity in every catastrophic case.

Scranton Construction and Workplace Accident Lawyer

Workers’ compensation provides scheduled benefits for injured workers, but workers’ compensation does not bar third-party claims against general contractors, subcontractors, property owners, equipment manufacturers, or other parties whose negligence contributed to the injury. The third-party claim is often where the meaningful recovery sits. We coordinate with workers’ comp counsel where appropriate and pursue the third-party action in parallel. See our Scranton electrocution injury page for one common workplace fact pattern.

Scranton Burn Injury Lawyer

Severe burns require multiple surgeries, skin grafts, and lengthy rehabilitation, with permanent scarring, disfigurement, and psychological trauma supporting significant non-economic damages. Burn fact patterns include motor vehicle and trucking fuel-tank ruptures, workplace incidents, defective product explosions and fires, and electrical contact injuries. Burn cases benefit from early engagement of plastic surgery and burn-rehabilitation specialists for the medical record.

Scranton Pharmacy Error Lawyer

Wrong drug, wrong dose, missed interaction warnings, and dispensing errors at the pharmacy can shift liability to the pharmacy and pharmacist independently of any prescribing-physician claim. Pharmacy error cases require careful causation analysis and often run parallel to a medical malpractice claim against the prescriber. See the Scranton pharmacy error lawyer page.

Scranton Defective Product Lawyer

Pennsylvania product liability claims operate under strict liability and negligence theories, with the strict liability framework restated in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014). We pursue claims involving defective drugs, medical device malfunctions, vehicle crashworthiness, defective airbags, and dangerous property conditions. Product liability cases require preservation of the product itself and engineering or scientific expert work.

Scranton Nursing Home Abuse and Neglect Lawyer

Pressure sores, dehydration, malnutrition, falls, medication errors, and physical abuse in nursing facilities are signs of systemic understaffing and inadequate supervision. We pull staffing records, incident reports, state inspection findings, and minimum data set reports to expose patterns of neglect.

Scranton Dram Shop Lawyer

Pennsylvania’s dram shop law at 47 P.S. § 4-493(1) allows suits against establishments that served a visibly intoxicated patron who then caused harm to a third party. Dram shop work commonly runs parallel to a DUI auto or pedestrian claim and reaches the establishment’s commercial general liability and liquor liability policies on top of the driver’s auto coverage. See the Scranton dram shop lawyer page.

Scranton Bad Faith Insurance Claims

When insurers cross the line into bad faith, meaning they unreasonably deny valid claims, misrepresent policy terms, or refuse to pay what they owe, Pennsylvania law allows a separate bad faith claim under 42 Pa.C.S. § 8371 with additional damages, attorney fees, and interest beyond the original loss. The bad faith standard is the two-prong test from Terletsky v. Prudential as adopted by the Pennsylvania Supreme Court in Rancosky. See the Scranton bad faith insurance attorney page.

How Much Is Your Scranton Personal Injury Case Worth?

Insurance companies offer fast, low settlements hoping you sign before you understand the lifetime cost of your injuries. We calculate the full value of your claim and fight to recover every dollar.

  • Economic Damages: Past and future medical expenses, surgeries, specialist care, ongoing rehabilitation, lost wages, reduced earning capacity, long-term care, in-home assistance, adaptive equipment, property loss, and out-of-pocket expenses tied to your injury.
  • Non-Economic Damages: Pain and suffering, emotional distress and psychological trauma, loss of enjoyment of life, loss of consortium, and disfigurement and scarring.
  • Punitive Damages: Available where the defendant acted with reckless indifference to the rights of others. Common fact patterns include drunk driving, hit-and-run, falsified trucking driver logs, and intentional or reckless misconduct in product liability and malpractice contexts. The MCARE Act caps punitive damages against an individual physician at 200 percent of compensatory damages under 40 P.S. § 1303.505(d) (with exceptions for intentional misconduct), and 25 percent of any punitive award is paid to the MCARE Fund under § 1303.505(e). Other practice areas operate under common-law punitive standards with no statutory cap.

No Cap on Compensatory Damages

Pennsylvania does not cap economic or non-economic damages in personal injury cases. You can recover the full value of your losses.

What to Do Immediately After a Scranton Accident or Injury

The general scene-response checklist (911, medical, photos, witness contact, no recorded statement, no social media) lives on our what to do after a car accident page. For trucking-specific scene response, see what to do at the scene of a truck accident. A few items are specific to a Scranton-area personal injury case:

Get evaluated at a Lackawanna County trauma center the same day. Geisinger Community Medical Center on Mulberry Street is a Pennsylvania Trauma Systems Foundation Level II accredited trauma center serving the county. Regional Hospital of Scranton and Moses Taylor Hospital operate 24/7 emergency departments. Internal injuries, traumatic brain injury, and spinal damage often have delayed symptoms that the same-day record protects.

Preserve physical evidence. Do not repair, replace, or discard the vehicle, the product, the helmet and gear, or any item connected to the incident until photographed and counsel weighs in. See tips for taking pictures after a crash.

Pull the Scranton police report through the right channel. See our walkthrough on securing a police report after a car accident in Scranton, PA.

Do not speak with the at-fault carrier or any rapid response investigator. Adjusters call within 24 hours. Trucking carriers dispatch investigators to the scene of catastrophic crashes. There are other things to avoid doing after a crash that can hurt your case.

Contact Scartelli Olszewski. We open the case, send formal preservation letters to the at-fault parties’ carriers (and to commercial defendants and government entities where applicable), and engage the experts the case requires.

From minute one, we handle the adjuster. Call (570) 346-2600 for a free case review.

Infographics on what to do after an accident in scranton

How Much Does It Cost to Hire a Scranton Personal Injury Lawyer?

Nothing upfront. We work on a contingency fee basis under Pa.R.P.C. 1.5(c). You pay no attorney fees unless we recover compensation for you. We advance all case costs, including expert witness fees, accident reconstruction, medical record retrieval, investigation, and court filings.

If we do not win, you owe us nothing.

How Insurance Companies Fight Personal Injury Claims

Understanding how carriers avoid paying claims helps you avoid common traps.

  • Quick Lowball Offers. Insurers extend fast settlements before you know the full extent of your injuries. Once accepted, you cannot come back for more.
  • Recorded Statements. Adjusters use your own words against you. Never give one without counsel.
  • Defense Medical Examinations. A doctor of the carrier’s choosing under Pa.R.C.P. 4010 routinely minimizes injuries and disputes causation.
  • Comparative Negligence Blame-Shifting. Pennsylvania’s modified comparative negligence rule under 42 Pa.C.S. § 7102 reduces your recovery by your percentage of fault and bars it entirely if you are more than 50 percent at fault. Every percentage point insurers can shift onto you reduces what they pay.
  • Delay. Carriers know that medical bills and lost wages create financial pressure that pushes injured people to accept less than the case is worth.
  • Spoliation by Inaction. Surveillance footage, dashcam video, EDR data, ELD records (in trucking), and incident reports are perishable. Carriers and defendants know that if no one preserves, the data quietly disappears. We send preservation letters within hours.

When insurers cross the line into bad faith, meaning they unreasonably deny valid claims, misrepresent policy terms, or refuse to pay what they owe, Pennsylvania law allows a separate bad faith claim under 42 Pa.C.S. § 8371 with additional damages beyond the original loss. We pursue those claims when the facts support them.

Who Can Be Held Liable for a Scranton Personal Injury?

Identifying every party responsible for your injury is how we maximize recovery, especially when one defendant’s insurance is not enough to cover your damages.

  • The At-Fault Individual. Drivers, property owners, prescribing physicians, dog owners, and others who caused harm through negligence are personally liable.
  • The Employer. If the at-fault individual was on the clock, the employer may be liable under respondeat superior. Employer liability often doubles or triples the available insurance pool.
  • The Vehicle or Property Owner. Negligent entrustment of a vehicle or negligent maintenance of a property creates owner liability separate from the operator or possessor.
  • Manufacturers. Defective products (vehicles, parts, drugs, medical devices, household products, and industrial equipment) create product liability claims against the designer, manufacturer, and distributor.
  • Healthcare Providers and Hospitals. Treating physicians and the hospitals that credentialed them face individual and corporate negligence exposure under Thompson v. Nason Hospital, 591 A.2d 703 (Pa. 1991).
  • Government Entities. Dangerous road conditions, missing or inadequate signage, malfunctioning traffic controls, and dangerous design at the municipal, county, or state level create partial liability subject to strict notice requirements under 42 Pa.C.S. § 5522(a) and the Sovereign Immunity Act at 42 Pa.C.S. § 8521-8528.
  • Bars and Restaurants. Pennsylvania’s dram shop law at 47 P.S. § 4-493(1) allows suit against establishments that served a visibly intoxicated patron who then caused harm.

How Do I Prove a Personal Injury Case in Pennsylvania?

Pennsylvania law requires four elements in most personal injury cases:

  • Duty: The defendant owed you a duty of care. Drivers must operate vehicles safely. Property owners must maintain reasonably safe premises. Healthcare providers must meet the accepted standard of care.
  • Breach: The defendant violated that duty.
  • Causation: The breach directly caused your injury.
  • Damages: You suffered actual harm.

We gather the evidence that proves each element: police reports, sworn witness statements, surveillance and intersection footage, EDR and ELD downloads in vehicle and trucking cases, complete medical records, expert testimony from same-subspecialty physicians in malpractice cases, accident reconstruction in vehicle and product cases, and economic loss expert testimony in catastrophic injury cases.

Pennsylvania medical malpractice claims also require a Certificate of Merit under Pa.R.C.P. 1042.3, a written statement from a licensed medical professional confirming the defendant deviated from the standard of care. It must be filed within 60 days of the complaint. Without it, the court dismisses the case. We retain qualified, same-subspecialty experts who satisfy the qualification standards in 40 P.S. § 1303.512.

How Long Do You Have to File a Personal Injury Lawsuit in Pennsylvania?

Pennsylvania law imposes strict deadlines on personal injury claims. Missing them permanently bars your claim, regardless of how strong the evidence is.

  • Personal Injury Lawsuit: Two years from the date of the injury under 42 Pa.C.S. § 5524.
  • Medical Malpractice: Two years from the date of the injury or negligent act under 42 Pa.C.S. § 5524(2). The discovery rule may apply where the injury could not reasonably have been known at the time, but Pennsylvania interprets the discovery rule narrowly under Fine v. Checcio, 870 A.2d 850 (Pa. 2005). The minor’s tolling under 42 Pa.C.S. § 5533(b)(1) suspends the clock on the child’s own claim until age 18; the parent’s separate cause of action for medical expenses is not tolled and runs under the standard two-year period.
  • Wrongful Death: Two years from the date of death under 42 Pa.C.S. § 8301.
  • Government Claims: Six months to file a written notice of claim under 42 Pa.C.S. § 5522(a) for tort claims against Commonwealth agencies (including PennDOT) and local government entities. Notice is a prerequisite to suit. Missing the notice deadline may bar the claim entirely, even if the two-year statute has not yet run.
  • Federal Vehicles and Federal Healthcare Providers: Federal Tort Claims Act claims (postal vehicles, federal employees on duty, VA medical providers, military medical providers) require an administrative claim within two years under 28 U.S.C. § 2401(b), with only six months to file suit after denial.

Evidence disappears fast. Surveillance and doorbell camera footage gets overwritten in days. ELD and EDR data can be cycled out within weeks. Witnesses become harder to locate. Vehicle and product evidence gets repaired or discarded. We move immediately.

Pennsylvania Personal Injury Law Every Lackawanna County Resident Should Understand

Personal injury cases in Pennsylvania are framed by a handful of statutes and rules that affect how and what you can recover.

Modified Comparative Negligence (42 Pa.C.S. § 7102)

You can recover compensation if you are not more than 50 percent at fault. Your recovery is reduced by your percentage of fault. If you are 51 percent or more at fault, you recover nothing. Insurance adjusters weaponize this rule by blame-shifting. We counter with photographic, video, and reconstruction evidence.

Tort Election: Full Tort vs. Limited Tort (75 Pa.C.S. §§ 1702, 1705)

Limited tort restricts your right to recover pain and suffering damages unless your injuries meet Pennsylvania’s serious injury threshold (death, serious impairment of a bodily function, or permanent serious disfigurement) or unless an exception applies. Common exceptions that unlock full pain and suffering damages even under limited tort include: a DUI conviction or ARD entry by the at-fault driver; an uninsured at-fault driver; an out-of-state vehicle; pedestrian or cyclist injuries; minor plaintiffs (children are not bound by their parents’ election); and occupants of a commercial vehicle. Motorcyclists are not subject to the tort election at all because motorcycles are excluded from the no-fault PIP framework under 75 Pa.C.S. § 1711.

Pennsylvania Medical Malpractice Framework

Medical malpractice claims are governed by the Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. § 1303.101 et seq., and the Pennsylvania Rules of Civil Procedure. The Certificate of Merit requirement under Pa.R.C.P. 1042.3, the expert qualification standard under 40 P.S. § 1303.512, the punitive damages framework under 40 P.S. § 1303.505, and the post-Yanakos discovery and tolling framework all govern these claims.

PIP, UM, and UIM Coverage

Pennsylvania requires Personal Injury Protection (PIP), which pays initial medical bills regardless of fault, with a $5,000 state minimum and higher limits available. PIP does not cover pain and suffering. Pennsylvania’s minimum bodily injury liability coverage is $15,000 per person and $30,000 per accident, which is among the lowest in the country. If the injured person carries UM/UIM coverage on their own policy, it can close the gap when the at-fault driver carries minimum limits or no coverage. Pennsylvania law also permits stacking across multiple vehicles, which is critical in serious-injury claims.

Paul Miller’s Law (Hands-Free Driving)

As of June 5, 2025, handheld device use while driving is a primary offense in Pennsylvania under Act 18 of 2024 (Paul Miller’s Law). Through June 4, 2026, violations result in written warnings only; summary citations begin June 5, 2026. Either way, a citation, written warning, or admission of handheld use at the time of a crash is powerful civil liability evidence. We subpoena cell phone records in distracted driving cases.

Bad Faith (42 Pa.C.S. § 8371)

A separate cause of action against an insurer that handles a claim in bad faith. Recovery may include damages beyond the original loss, attorney fees, and interest. The bad faith standard is the two-prong test from Terletsky as adopted by the Pennsylvania Supreme Court in Rancosky.

Infographics on pennsylvania personal injury law

Personal Injury Cases in Lackawanna County and Scranton

Lackawanna County is a hospital-dense, freight-heavy market sitting at the convergence of I-81, I-84, I-380, and I-476. The combination drives the regional personal injury caseload.

  • Pennsylvania Crash Volume. PennDOT’s Pennsylvania Crash Facts and Statistics 2024 reported 110,765 reportable traffic crashes statewide, with 66,950 people injured and 1,127 killed. State and county figures will be footnoted on the live page.
  • High-Frequency Corridors. I-81 through Scranton, Dunmore, Dickson City, and Jessup near warehouse-district exits; the I-84 / I-380 interchange near Dunmore; the I-476 Turnpike interchange near Clarks Summit; the Route 6 commercial corridor; and Route 307.
  • Hospital Density. Geisinger Community Medical Center on Mulberry Street is a Pennsylvania Trauma Systems Foundation Level II accredited trauma center. Regional Hospital of Scranton, Moses Taylor Hospital, and surrounding regional referral centers operate within a few miles. The density supports both a strong trauma response system and a sustained medical malpractice caseload.
  • Where We File. Personal injury lawsuits in this market are filed and tried in the Lackawanna County Court of Common Pleas at 200 Adams Avenue. Our office at 411 Jefferson Avenue is minutes away.

Scranton Personal Injury FAQ

How much does it cost to hire a personal injury lawyer in Scranton?

Nothing upfront. Scartelli Olszewski works on a contingency fee basis under Pa.R.P.C. 1.5(c). The firm advances all case expenses, including expert fees, investigation costs, medical record retrieval, and court filings. You pay a fee only if the case results in a settlement or verdict.

How long do I have to file a personal injury lawsuit in Pennsylvania?

Two years from the date of the injury under 42 Pa.C.S. § 5524 for most personal injury claims. Wrongful death has its own two-year period from the date of death. Claims against government entities require a written notice of claim within six months under 42 Pa.C.S. § 5522(a). Special tolling applies to minors. Federal Tort Claims Act matters have their own administrative process. Some of these alternative deadlines are far shorter than two years. Call promptly.

Can I recover compensation if I was partially at fault?

Yes, if you were not more than 50 percent at fault under Pennsylvania’s modified comparative negligence rule at 42 Pa.C.S. § 7102. Your award is reduced by your percentage of fault. If you are 51 percent or more at fault, you recover nothing.

What is the difference between full tort and limited tort?

Full tort coverage allows you to pursue compensation for pain and suffering without restriction. Limited tort restricts that right under 75 Pa.C.S. § 1705 to cases meeting the serious injury threshold under 75 Pa.C.S. § 1702. Several exceptions still unlock full pain and suffering damages even under limited tort, including DUI conviction or ARD entry by the at-fault driver, an uninsured at-fault driver, an out-of-state vehicle, pedestrian or cyclist injuries, minor plaintiffs, and commercial vehicle occupants.

How long does a Scranton personal injury case take?

Soft tissue cases with clear liability typically resolve in 6 to 12 months. Cases involving surgery, fractures, or permanent injury take 18 months to 3 years because medical recovery and treatment outcomes need to be fully documented before the case is valued. Medical malpractice and trucking cases often take longer. Cases that go to trial typically take 2 years or more from filing.

Should I accept the insurance company’s settlement offer?

Almost never without consulting an attorney. Initial offers rarely reflect the full value of the claim and typically do not account for future medical needs or long-term impacts. Once accepted, you cannot come back for more.

Do I have to go to court?

Most personal injury cases settle. Insurance carriers raise their offers when the firm on the other side will take the case to a jury. We prepare every case for trial. If the carrier will not pay fair value, we file suit and try the case in the Lackawanna County Court of Common Pleas.

What if my loved one died from someone else’s negligence?

You may be able to file a wrongful death claim under 42 Pa.C.S. § 8301 and a survival action under 42 Pa.C.S. § 8302. Spouses, children, and parents may have standing to recover. Funeral expenses, lost financial support, and loss of companionship are all recoverable.

What if I was hit by an uninsured driver?

If you carry UM coverage on your own policy, it pays for your damages when the at-fault driver lacks coverage or cannot be identified (hit-and-run). Pennsylvania law requires insurers to offer UM coverage on every auto policy under 75 Pa.C.S. § 1731.

What if I was a passenger in someone else’s vehicle?

You can file a claim against the at-fault driver’s insurance regardless of your relationship to the driver of the vehicle you were riding in. You are not suing a friend or family member personally. You are making a claim against the insurance policy.

Speak With a Scranton Personal Injury Lawyer Today

Pennsylvania gives you two years to file most personal injury claims and as little as six months to give notice of claims against governmental entities. Evidence becomes harder to collect the longer you wait. The first call is free, and there is no pressure to retain.

We live here, work here, and raise our families in Northeastern Pennsylvania. When you walk into our office, you are not a case number. You are a neighbor, and we handle your case with the seriousness we would bring to one involving our own family.

Call (570) 346-2600. Get a Scranton trial lawyer on your side.

(570) 346-2600 Scranton office | Start your free consultation

Our Scranton office at 411 Jefferson Avenue represents injured clients throughout Lackawanna County and Northeastern Pennsylvania, including Scranton, Dunmore, Dickson City, Old Forge, Moosic, Taylor, Throop, Olyphant, Jessup, Archbald, Carbondale, and Clarks Summit. We also serve Wilkes-Barre, Luzerne County, Monroe County, Wayne County, and Pike County.

Meet our attorneys: Melissa A. Scartelli, Peter Paul Olszewski, Jr., Rachel D. Olszewski, and Kristin A. Mazzarella.

Past results do not guarantee a similar outcome. Every case is unique and the value of any claim depends on its specific facts.

Contact scranton personal injury lawyer

Legal References Summary

Citation Description
75 Pa.C.S. § 1702 Limited tort serious injury threshold definition
75 Pa.C.S. § 1705 Tort options and limited tort exceptions
75 Pa.C.S. § 1711 PIP applies to private passenger motor vehicle; motorcycles excluded
75 Pa.C.S. § 1731 UM/UIM coverage offer requirement
75 Pa.C.S. § 1786 Pennsylvania financial responsibility / minimum auto coverage
75 Pa.C.S. § 3316.1 (Act 18 of 2024, Paul Miller’s Law) Hands-free driving primary offense, eff. June 5, 2025
75 Pa.C.S. § 3525 Pennsylvania motorcycle helmet law
75 Pa.C.S. § 3523 Motorcycle lane usage; no lane-splitting
75 Pa.C.S. § 3746 Accident reporting requirements
42 Pa.C.S. § 5524 Two-year statute of limitations for personal injury
42 Pa.C.S. § 5524(2) Two-year SOL for medical malpractice
42 Pa.C.S. § 5533(b)(1) Tolling for minors
42 Pa.C.S. § 5522(a) Six-month notice for tort claims against government
42 Pa.C.S. § 7102 Modified comparative negligence (51% bar)
42 Pa.C.S. § 8301 Wrongful death action
42 Pa.C.S. § 8302 Survival action
42 Pa.C.S. § 8371 Bad faith insurance remedy
42 Pa.C.S. § 8521-8528 Sovereign Immunity Act
40 P.S. § 1303.101 et seq. MCARE Act (medical malpractice framework)
40 P.S. § 1303.504 MCARE Act informed consent statute
40 P.S. § 1303.505 MCARE Act punitive damages provisions
40 P.S. § 1303.512 MCARE Act expert qualification standards
47 P.S. § 4-493(1) Pennsylvania Liquor Code dram shop liability
3 P.S. § 459-502-A Pennsylvania Dog Law (covered medical costs strict liability)
28 U.S.C. § 2401(b) Federal Tort Claims Act limitations
49 C.F.R. § 387.9 Federal motor carrier financial responsibility minimums
49 C.F.R. Parts 350-399 FMCSA driver, vehicle, qualification, hours-of-service rules
45 C.F.R. § 164.524 HIPAA federal right of access
28 Pa. Code § 115.28 Right to access hospital medical records
49 Pa. Code § 16.95 Right to access physician medical records
Pa.R.C.P. 1042.3 Certificate of Merit requirement
Pa.R.C.P. 4003 Discovery scope
Pa.R.C.P. 4010 Independent medical examinations
Pa.R.P.C. 1.5(c) Written contingency fee agreement
Pa.R.P.C. 7.1 / 7.2 / 7.4 Advertising and specialization rules