Scranton Personal Injury Lawyer

Safety measures and laws in Scranton are set up to keep people safe from harm. However, no amount of effort can prevent all personal injuries. They happen every day. Fortunately, Pennsylvania tort laws make numerous forms of compensation available to victims. Contacting an experienced personal injury lawyer promptly helps ensure victims get the money they deserve.

Why Choose Us?

Winning Is What We Do

At Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters, our track record of wins shows our belief in a victim’s right to full compensation when injured by another. We aggressively pursue every available category of damages for our clients and are not afraid to fight for them in court.

When you choose us, you benefit from:

• A complimentary telephone consultation
• No fee unless we win
• Award-winning and industry-recognized Scranton personal injury attorneys
• Legal services tailored to your unique needs.

Do not let an insurance company convince you to settle for less than you deserve. Get the quality representation and personal injury compensation you deserve with Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters.

If you have been injured by someone else, contact us today. We offer free telephone consultations to review your case and discuss the reasonable potential courses of action. Call (570) 323-8711 to speak with a personal injury attorney in Scranton.

Scranton Personal Injury Claims

A personal injury claim can arise out of a number of situations. Any time one party injures another, the potential for a claim exists. Legally speaking, most personal injury claims must have the following elements to be valid:

• Duty: There must be a duty to act or refrain from acting in a certain manner toward the injured party.
• Breach: The duty must have been breached by the defendant.
• Causation: The breach must have caused the accident or incident in question.
• Damages: Compensable damages must have resulted from the incident caused by the defendant’s breach.

Duties toward others can be found throughout society. Drivers have duties toward others in traffic, and healthcare providers have duties toward their patients. Unfortunately, when these duties are breached, harm results. Sometimes, victims experience catastrophic injuries that debilitate them for life, such as:

• Burn injuries
• Traumatic brain injuries
• Spinal cord injuries.

Sadly, death is also a common occurrence. Liability is determined depending on the context in which the injury or death occurs.

Vehicle Accidents

Vehicle accidents are a major cause of personal injury and death in Pennsylvania. Drivers cause accidents every day through negligent actions on the roadway, including:

• Speeding and driving aggressively
• Driving while intoxicated or on drugs
• Tailgating
• Texting while driving
• Failing to yield.

Operating an unsafe vehicle also commonly leads to car accidents. An unsafe vehicle may be the responsibility of the vehicle’s owner or an auto repair shop that made a faulty repair. Faulty parts and equipment can also lead to crashes and product liability cases.

Keep in mind that in Pennsylvania, personal injury protection (PIP) insurance handles most car accident claims initially. This no-fault insurance does not pay full personal injury benefits and does not take negligence into account. However, there are exceptions that allow car accident victims to seek full compensation. These exceptions can involve:

• Pedestrians
• Motorcycles
• Commercial vehicles
• Serious bodily impairment
• Vehicles not registered within the state of Pennsylvania.

At Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters, we meticulously investigate every traffic accident case to identify all sources of compensation our clients should receive, and then we fight to recover what they deserve.

Product Liability

Product liability claims are a different breed of personal injury claim, legally speaking. They are most often based on the principle of strict liability, which means the result alone makes the defendant liable. The negligence of their actions is typically not at issue, which significantly reduces the burden on victims.

However, product liability cases may indeed be based on negligence. They may also be filed on the basis of breach of warranty. Regarding potentially liable parties, any company involved in seeing the product to market may be held liable, including:

• Designer
• Manufacturer
• Distributor
• Retailer.

Defects often include design defects, defective manufacturing, and lack of adequate warnings or instructions.

Medical Malpractice

Medical malpractice is unfortunately common and involves a breach of professional medical duties in the care of patients. Licensed medical professionals who fail to observe clear standards of care and treatment can face liability for the resulting harm. Medical malpractice may occur at every stage of a patient’s treatment, including during:

• Testing and imaging procedures
• Interpretation of tests and imaging results
• Diagnosis
• Emergency treatment
• Surgery
• Administration of medication
• Prescription of medication.

Hospitals and other healthcare-related operations may also be held liable for their own negligence or vicariously liable for the negligent acts of their employees.

One important aspect of medical malpractice claims is the certificate of merit. This is a certification that an appropriately licensed physician has reviewed a case and agrees that the healthcare professional in question deviated from the required standards of care and injured a patient. If a case advances to the lawsuit stage, this document must accompany other lawsuit documents. It may be filed up to 60 days after a suit has been filed in court.

Wrongful Death

Sadly, personal injuries result in death on occasion, giving rise to a wrongful death claim. According to Pennsylvania law, a wrongful death occurs when one party causes the death of another through wrongful, neglectful, negligent, or unlawful acts. They can occur in any situation but are most common in personal injury cases involving traffic accidents, medical malpractice, and intentional acts of violence.

In Pennsylvania, the proceeds of a wrongful death lawsuit go to the deceased’s spouse and children. However, it is the personal representative of the deceased who files the wrongful death lawsuit. If the personal representative does not do so within six months, the decedent’s heirs may file the claim.

Workplace Injuries

No industry has a perfect safety record, although some are more dangerous than others. Nevertheless, work injuries are common occurrences in Scranton and throughout Pennsylvania. When they happen, injured workers typically have the right to pursue workers’ comp benefits, which cover on-the-job injuries.

Workers are supposed to get access to benefits relatively quickly, but they often face problems from insurers and employers. At Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters, our goal when it comes to workers’ comp cases is always to recover the full breadth of benefits our clients deserve. Sometimes, this requires our team to take on claim denials and claim decisions that do not truly meet our client’s needs.

Keep in mind, however, that workers’ comp does not cover non-monetary or non-economic damages. It also provides only limited lost-wage compensation. In standard personal injury cases, victims may seek 100% of lost wages. However, workers’ comp only pays approximately 2/3 of a victim’s lost wages up to the state maximum.

We also look for liable third parties who may be responsible for some or all of your losses. If someone who is not a part of the workplace causes you harm, you can potentially sue them for full compensation, which is not available with workers’ comp claims. Third parties include:

• Delivery drivers of other businesses
• Clients and customers
• Tool and equipment makers
• The general public
• Negligent motorists
• Non-employer property owners
• Utility and maintenance workers
• Construction, remodel, and repair crews.

If an injured worker files a third-party lawsuit, they may also file a workers’ comp claim. The workers’ comp claim will likely result in a faster payment of benefits. However, employers are permitted to recoup any lost-wage payments they make from the proceeds of a third-party claim settlement or lawsuit judgment.

Damages

Damages in personal injury claims are meant to address common losses associated with injuries, including:

• Financial consequences of medical and hospital bills
• Loss of the ability to engage in gainful employment
• Financial harm due to mounting injury-related expenses
• Emotional distress and suffering
• Disfigurement and scarring
• Loss of enjoyment of life.

Another category of damages — known as punitive damages — may also be available. As the name suggests, punitive damages are meant for the punishment of outrageous conduct, such as conduct with an evil motive. Reckless indifference to the rights of others also may qualify a case for punitive damages.

In certain personal injury cases, it is important to be aware of limits on the amount of damages a victim can receive. These damages caps apply in cases against:

• The Commonwealth of Pennsylvania
• Local governments
• Healthcare professionals.

In cases against the Commonwealth of Pennsylvania, the cap on damages sits at $250,000 per injury victim and $1,000,000 per incident. When a local government is a defendant, the limit is a flat $500,000, regardless of the extent of injury and loss.

For medical malpractice cases, there is a cap on punitive damages of 200% of compensatory damages in cases not alleging intentional misconduct. For example, if a victim’s compensatory damages total $1,000,000, they may receive no more than $2,000,000. Additionally, the victim must receive at least $100,000 in punitive damages when punitive damages apply in a case.

Time Limit for Personal Injury Cases in Pennsylvania

The time limit (statute of limitations) for filing a personal injury lawsuit in Pennsylvania is two years from the date of the injury or within two years of the discovery of the harm. For minors, the statute of limitations is typically tolled (paused) until they reach the age of majority, which is 18. If the claim is against a government agency or unit, the plaintiff must send a notice of intent to sue no later than six months after they have been harmed.

Frequently Asked Questions

At Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters, our personal injury attorneys serving victims in Scranton welcome your questions. Please call our office for the answers you need.

What is modified comparative negligence?

Modified comparative negligence is a system of liability that allows plaintiffs to collect compensation when they are no more than 50% responsible for their injuries. If allowed to collect compensation, the plaintiff’s payout will be reduced by their percentage of fault.

Why should I hire a personal injury lawyer in Scranton?

You have the right to compensation for your personal injuries, but how much you ultimately receive depends on many factors, including whether you have a Scranton personal injury attorney representing you. Without a personal injury attorney in Scranton fighting for you, you may receive up to 90% less compensation. Scranton personal injury lawyers use the law, experience, and skill to motivate insurance companies to pay what they owe.

How much does a personal injury attorney cost?

Scranton personal injury lawyers cost nothing, initially. They begin work on your case without any advance payment or retainer. It is only when they recover compensation that their fee is due. Various costs also come into play, such as costs of hiring expert witnesses, court and filing costs, and service of process costs.

How long do personal injury cases take to resolve?

At Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters, we work diligently for prompt resolutions to our clients’ cases. Many of our clients obtain compensation within a matter of months. In these cases, the issues and liability are clear, and the clients act promptly to obtain counsel. The earlier you reach out to a personal injury lawyer serving victims in Scranton, the faster you will receive compensation due.

Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters is here to help. Feel free to call at your convenience with your personal injury questions and concerns.

Speak With an Experienced Personal Injury Lawyer

Increase Your Chances of Getting Proper Compensation

Getting hurt can wreak havoc on your life. Fortunately, the law recognizes the right to compensation for tangible and intangible losses. Obtaining that compensation, however, is often a challenging process requiring the skill and experience of a Scranton personal injury attorney.

Call (570) 323-8711 to have a complimentary consultation with an experienced personal injury attorney from Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters. You deserve to know all of your options.

Attorney Cliff Rieders

Cliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]