Wilkes-Barre Catastrophic Injury Lawyers

In Pennsylvania, the statute of limitations for most personal injury cases, including those involving catastrophic injuries, is generally two years from the date the injury occurred. There can be exceptions, especially involving minors or cases where the injury wasn't immediately discoverable. Consult a lawyer as soon as possible so your rights are protected and deadlines are met; a lawsuit is filed in the Court of Common Pleas of the county where the injury happened — Luzerne, Lackawanna or Dauphin for most of our clients.

The value of a catastrophic injury claim in PA varies significantly based on numerous factors. These include the severity and permanency of the injury, the extent of current and future medical expenses (including long-term care), lost earning capacity, the degree of pain and suffering, and the overall impact on your quality of life. Catastrophic injury cases typically result in higher settlements or verdicts due to the profound losses involved. We can evaluate your specific case to estimate its potential value.

Not from the medical bills you have today. We retain a life care planner to project decades of future needs — surgeries, rehabilitation, attendant care, adaptive equipment, home and vehicle modification — and an economist to put present-day value on those costs and on your lost earning capacity. That projection, not the current bill file, becomes the basis of the demand, because the settlement has to last as long as the injury does.

You can still recover. Pennsylvania's modified comparative negligence rule, 42 Pa. C.S. § 7102, allows recovery as long as you were not more than 50% at fault; your compensation is reduced by your percentage of fault. Because every point of blame shifted onto you cuts the recovery in a case where the damages run for a lifetime, adjusters push fault allocation hard in catastrophic claims. We investigate the crash or incident scene ourselves rather than accepting the insurer's version.

Not before the full extent of the injury is known. Early offers in catastrophic cases tend to arrive before you have reached Maximum Medical Improvement, when nobody can yet say what lifelong care will cost — and a signed release is final even if your needs grow. We generally advise waiting for a life care plan and a clear prognosis before valuing the claim, and we handle every conversation with the insurer so nothing you say is used to discount it.

Often, yes. Pennsylvania recognizes a loss of consortium claim for the uninjured spouse — compensation for the loss of companionship, affection, services and support that a catastrophic injury takes from a marriage. It is brought as part of the same lawsuit, not a separate case. Where a family member has become a caregiver, the value of that attendant care also belongs in the life care plan we present.

Catastrophic injury cases are inherently complex and can take time to resolve fully. The duration can range from several months to a few years, particularly if the case proceeds to trial. It is often in your best interest to wait until you have reached Maximum Medical Improvement (MMI) to fully understand the long-term prognosis and future needs. We work to move your case forward without ever sacrificing the thoroughness required to maximize your claim's value.

While the majority of personal injury cases, including catastrophic injury claims, are settled out of court through negotiation or mediation, we prepare every claim as if it will go to trial. If the insurance company or at-fault party refuses to offer a fair and adequate settlement that fully covers your extensive damages and future needs, we will try the case in the Luzerne, Lackawanna or Dauphin County Court of Common Pleas. The ultimate decision to accept a settlement or proceed to trial always rests with you, made with our guidance and counsel.