Scranton Brain Injury Lawyer

When a loved one is suffering from a brain injury, it can be especially challenging for you and your family to care for them, and the injury itself can be difficult to prove because a person with a brain injury may show no external signs and appear “normal” to others. In some cases, even medical professionals cannot immediately determine that a brain injury has occurred, and the losses mount while the injury goes undetected. Scartelli Olszewski, P.C. handles serious traumatic brain injury cases across Lackawanna County, and this work is part of the practice run by our Scranton personal injury attorneys from our office at 411 Jefferson Avenue, minutes from the Lackawanna County Court of Common Pleas at 200 N. Washington Avenue, Scranton, PA 18503. Call (570) 346-2600 for a free, confidential case review.

Brain injury cases are also among the most complex personal injury claims, and that is the first thing a new client should understand. The injury is often invisible on a standard scan, the symptoms can surface days later, insurers dispute both causation and severity, and the true cost is a lifetime of care that has to be projected by experts rather than read off a bill. That complexity is exactly why the lawyer you choose matters.

The firm is led by Melissa A. Scartelli, founder, president, and Board Certified Civil Trial Advocate by the National Board of Trial Advocacy, with former Luzerne County District Attorney and Judge Peter Paul Olszewski, Jr. on the team. Our firm’s record includes a $10 million verdict.

• $10 million Luzerne County medical malpractice jury verdict, the largest in county history
• Board Certified Civil Trial Advocate (National Board of Trial Advocacy)
• Former Luzerne County DA and Court of Common Pleas Judge on the team
• Super Lawyers recognition for 17 consecutive years (2009-2026)
• 100+ combined years of attorney experience
• No fee unless we win. Free case review. Available 24/7.

Past results do not guarantee similar outcomes. Every case is different.

How Common Are Brain Injuries in Scranton?

Traumatic brain injuries happen across Northeastern Pennsylvania every year, with motor vehicle crashes, falls, and workplace incidents accounting for most cases. The major Lackawanna County corridors where serious-injury crashes occur include I-81, I-380, I-84, and Route 6. The most severely injured patients are stabilized at Geisinger Community Medical Center, a Pennsylvania-accredited trauma center at 1800 Mulberry Street in Scranton. The imaging, neurology consults, and treatment records from those first hours become the foundation of any later brain injury claim.

What Causes Traumatic Brain Injuries?

A traumatic brain injury, or TBI, happens because of a sudden, external force to the head, and it ranges from a mild concussion to a severe, life-altering injury. The most common causes include:

• Slips and falls. Many people are hurt slipping on a wet floor, falling on a defective staircase, or tripping on uneven ground, the premises hazards our Scranton slip and fall lawyers handle. Falls are the leading cause of TBI in the United States, according to CDC injury data.
• Motor vehicle and truck accidents. Car and truck crashes account for a large share of traumatic and fatal brain injuries, and serious commercial-vehicle cases are handled with our Scranton truck accident lawyers.
• Unintentional blunt trauma, such as being struck by a falling object at a construction site.
• Physical assault, where blows to the head fracture the skull and damage the brain.
• Medical malpractice, where failure to monitor a patient or oxygen deprivation during a procedure causes an acquired brain injury. Brain injury claims arising from medical negligence require a Certificate of Merit filed within 60 days of the complaint under Pa.R.C.P. 1042.3, signed by a licensed professional confirming the care fell below the accepted standard.
• Sports or recreation, especially in children.

Types of Traumatic Brain Injuries

Brain injuries fall into several categories, and the type drives both the medical workup and the proof a TBI claim requires. The most common diagnoses include:

• Closed brain injuries occur when there is a non-penetrating injury to the head with no break in the skull, usually when the brain moves forward and backward inside the skull, causing bruising and tearing. Common causes include falls, blunt force, and the sudden jolt of a car accident, and shaking an infant can also cause this type of TBI.
• Penetrating brain injuries involve fractures in the skull caused by an external object, often a projectile or bone fragments driven into the brain.
• Concussion is a traumatic injury that affects brain function, ranging from mild to severe. Because a concussion is not always immediately apparent, it is best to seek medical attention as soon as possible.
• Diffuse axonal injury is among the most severe TBIs, caused by the rotational forces of a high-speed crash that shear the brain’s nerve fibers, and it frequently leads to lasting cognitive impairment.
• Hemorrhage occurs when a blood vessel in or around the brain ruptures, causing internal bleeding and swelling. Symptoms include nausea, vision changes, difficulty speaking, seizures, a sudden severe headache, and loss of consciousness.

Symptoms of a Traumatic Brain Injury

The symptoms can appear hours or even days after the accident, and a normal CT scan does not rule out a serious injury. Watch for and document:

• Physical symptoms: Headache, nausea or vomiting, dizziness, balance problems, blurred vision, ringing in the ears, and sensitivity to light or sound.
• Cognitive symptoms: Confusion, memory loss, difficulty concentrating, slowed thinking, and the sense of “brain fog.”
• Emotional and behavioral symptoms: Depression, anxiety, irritability, mood swings, and personality changes.
• Sleep changes: Sleeping much more or much less than usual, or trouble falling asleep.

A loss of consciousness is not required for a serious brain injury. Many people with a significant TBI never black out, which is one reason these injuries are missed and undertreated.

How We Prove a Scranton Brain Injury Case

Brain injuries are won on documentation, and the firm builds the medical and economic record that insurers cannot easily dispute. Our proof methodology includes:

• Advanced imaging, including diffusion tensor imaging and functional MRI, which can make an “invisible” injury visible when a standard CT or MRI reads as normal.
• Neuropsychological testing administered by a neuropsychologist to document cognitive deficits objectively.
• Treating specialists, including neurologists and neuroradiologists, who connect the injury to the crash.
• Life-care planners and vocational economists who project the lifetime cost of care and lost earning capacity.
• Day-in-the-life documentation in catastrophic cases, so a jury understands how the injury changed our client’s life.

How to Help Your Case

The first step in building your case is to preserve evidence, and what to preserve depends on how the injury happened. If the injury was in a vehicle crash, photograph the vehicles, the road conditions, and the traffic controls. If it was a fall, document the property defect, the lighting, and the surface. In every case, preserve the clothing you were wearing, seek medical care the same day, request a copy of the police or incident report, and note the names of any witnesses. Doing this alone can be difficult when you are injured, which is why having a Scranton brain injury attorney involved early matters.

Long-Term Effects of a Brain Injury

A moderate or severe TBI can permanently change a person’s ability to work, to manage daily activities, and to relate to family and friends. Some people develop post-concussion syndrome, in which headaches, dizziness, and cognitive problems persist for months or longer, and repeated head trauma is associated with chronic traumatic encephalopathy. Because these effects can last a lifetime, we project the full future cost of medical care in Pennsylvania rather than settling for the immediate bills.

What Compensation Can You Recover in a Brain Injury Case?

A claim recovers two categories of damages, and Pennsylvania does not cap compensatory damages.

• Medical bills: Doctor visits, hospitalization, surgery, and physical, occupational, and speech therapy, plus future care, in-home assistance, home modifications, and assistive technology.
• Lost wages and earning capacity: Time missed from work and any reduction in your ability to earn in the future.
• Pain and suffering: Lasting physical and emotional harm, the kind of pain and suffering in a brain injury case that includes depression and cognitive change.
• Wrongful death: If a brain injury is fatal, the family may pursue funeral costs, lost income, and loss of companionship through a Scranton wrongful death claim.
• Punitive damages: May be available where the at-fault party acted with reckless indifference to the safety of others. Pennsylvania’s standard requires outrageous conduct or reckless indifference (Feld v. Merriam). These differ from compensatory damages, which repair the loss rather than punish the conduct.

Call us at (570) 346-2600 or schedule a free consultation.

Pennsylvania’s Statute of Limitations on Brain Injury Claims

Pennsylvania law gives you two years from the date of injury to file most brain injury claims under 42 Pa.C.S. § 5524, and missing the deadline permanently bars the claim. Because TBI symptoms can surface later, the discovery rule may apply where the injury could not reasonably have been known at first, though Pennsylvania interprets that rule narrowly. If a government entity is involved, a written notice of claim is generally due within six months under 42 Pa.C.S. § 5522(a). Other personal injury claims carry different filing deadlines, so confirm the one that applies to your case before time runs out.

Scranton Brain Injury FAQ

How Do You Prove a Brain Injury When Imaging Tests Look Normal?

Standard CT and MRI scans miss many mild and moderate brain injuries. We use neuropsychological testing and advanced imaging such as diffusion tensor imaging, along with testimony from treating specialists, to document an injury the routine scans do not show.

What If My Symptoms Did Not Appear Until Days After the Accident?

That is common with brain injuries. Pennsylvania’s discovery rule can preserve your right to file where the injury could not reasonably have been known at first, but the rule is applied narrowly, so it is important to see a doctor and a lawyer promptly.

How Long Do I Have to File a Brain Injury Lawsuit in Scranton, PA?

Two years from the date of injury under 42 Pa.C.S. § 5524. A claim involving a government entity generally requires written notice within six months under 42 Pa.C.S. § 5522(a).

How Much Is a Brain Injury Case Worth in Pennsylvania?

There is no fixed figure. Value depends on the severity of the injury, the lifetime cost of care, lost earning capacity, and the available insurance. Pennsylvania does not cap compensatory damages, so the value is set by your actual losses.

Can You Recover If You Were Partly at Fault?

Yes. Under Pennsylvania’s modified comparative negligence rule at 42 Pa.C.S. § 7102, you can recover unless you are 51 percent or more at fault, which is the bar that ends recovery, and your recovery is reduced by your share. As an example, if a jury finds you 20 percent at fault and your damages are $500,000, you recover $400,000.

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

Nothing upfront. We work on a contingency fee basis under Pa.R.P.C. 1.5(c), and you pay an attorney fee only if we recover for you. We advance the cost of the neurologists, neuropsychologists, life-care planners, and imaging a brain-injury case requires.

Contact a Scranton Brain Injury Lawyer

A brain injury can reshape a family’s life, and the right lawyer works with you to understand the liability and damages, investigate, gather proof, and pursue full compensation. Call (570) 346-2600 or visit our Scranton office at 411 Jefferson Avenue. We also represent brain injury clients in Luzerne County through our Wilkes-Barre brain injury lawyers at our Public Square office.

Past results do not guarantee similar outcomes. Every case is different.