Wilkes-Barre Brain (TBI) & Neck Injury Lawyers

In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit for head and neck injuries. This is known as the statute of limitations. However, there are some exceptions to this rule. For instance, if the injury was not immediately discoverable (e.g., certain types of TBI), the statute of limitations may begin when you discovered or reasonably should have discovered the injury. Different rules and shorter notice periods apply to claims against government entities, which typically require notice within six months. Consult a lawyer as soon as possible; suits are filed in the Court of Common Pleas of the county where the injury happened — Luzerne, Lackawanna or Dauphin for most of our clients.

This is a common and serious issue with head and neck injuries, which is why it's crucial to seek prompt medical attention after any accident, even if symptoms seem minor — the emergency departments at Wilkes-Barre General, Geisinger Wyoming Valley and Geisinger Community Medical Center see delayed-symptom concussions every week. Conditions like concussions, whiplash, and herniated discs can have a delayed onset of symptoms that worsen over days, weeks, or even months. From a legal perspective, it's important not to settle your claim with an insurance company too quickly. We work with medical experts to understand the full extent of your injuries and their long-term implications before negotiating a fair settlement.

Yes, you may still be entitled to compensation even if you had a pre-existing condition. Under Pennsylvania law, if an accident aggravates or worsens a pre-existing condition, the responsible party can be held liable for that worsening or exacerbation. This is often referred to as the "eggshell plaintiff" rule, which means the defendant must take the victim as they find them. We work with medical experts to distinguish between pre-existing conditions and any new injuries or exacerbations directly caused by the accident to ensure you receive fair compensation.

The value of a head or neck injury case depends on multiple factors, including:

• The specific type, severity, and permanence of the head or neck injuries.
• Total medical expenses incurred and anticipated for future care.
• Lost income, wages, and impact on future earning capacity.
• The profound effect on the victim's quality of life and daily activities.
• The extent of physical pain and suffering, and emotional distress.
• The strength of evidence establishing liability against the at-fault party.
• The applicable insurance policy limits of the defendant(s).

We analyze all these factors and often consult with economic experts, life care planners, and medical professionals to determine the full and fair value of your claim.

You should never accept an insurance settlement offer for a head or neck injury without first consulting with an experienced personal injury attorney. Insurance companies are businesses focused on minimizing payouts and often make low initial offers before the full extent of your injuries and long-term needs are known. Head and neck injuries, especially Traumatic Brain Injuries (TBIs), can have lifelong consequences that may not be immediately apparent. We can evaluate any offer, determine if it fairly compensates you for all your past, present, and future damages, and aggressively negotiate for a more appropriate settlement if necessary, or take your case to trial.

Persistent or worsening headaches, confusion, memory gaps, nausea, sensitivity to light or noise, sleep changes, and mood or personality shifts that family members notice before you do. Symptoms can surface days after the accident, which is why we tell every client to be evaluated even after a "minor" collision and to report every symptom to the doctor — the medical record created in those first weeks is often the strongest evidence in a TBI claim.

Many concussions and mild traumatic brain injuries never appear on standard imaging, and insurers use that to argue nothing is wrong. We prove these cases with neuropsychological testing that documents deficits in memory, processing speed and concentration; with the treating physicians' records; and with before-and-after witnesses — a spouse, a supervisor, a coworker — who can describe concretely how you changed. Work records showing missed time or reduced performance complete the picture.

It can, if your injury came from a car crash. Under 75 Pa. C.S. § 1705, a limited tort election on your own auto policy restricts pain-and-suffering claims unless the injury is "serious" — and whether a concussion, herniated disc or chronic whiplash meets that threshold is fought case by case. Exceptions often apply, including when the at-fault driver is convicted of DUI or was driving an out-of-state vehicle. We review your declarations page at the free consultation and tell you exactly what you can claim.