Wilkes-Barre Personal Injury Lawyer

If you were seriously injured in Wilkes-Barre, the insurance company on the other side already has a plan to pay you as little as possible, and it started the day of your accident.

Led by Melissa A. Scartelli, Scartelli Olszewski, P.C. has tried serious injury cases in Luzerne County since 2001, and the firm that the insurer has to face changes what your claim is worth. Our results across medical malpractice, trucking accident, auto accident, premises liability, product liability, and wrongful death include a $10 million Luzerne County jury verdict, the largest medical malpractice verdict for pain and suffering in county history.

Pennsylvania recorded 110,765 reportable traffic crashes statewide in 2024, with 66,950 people injured and 1,127 killed, according to PennDOT’s Pennsylvania Crash Facts and Statistics. Luzerne County contributes a meaningful share of that volume. The I-81 corridor through the Wyoming Valley, the Cross Valley Expressway (Route 309), the I-476 Northeast Extension interchange near Pittston, and the warehouse and distribution traffic feeding Humboldt Industrial Park and the CenterPoint Commerce and Trade Park drive a sustained personal injury caseload that runs well beyond car crashes into trucking, medical malpractice, premises liability, and wrongful death.

• Proven Results: $10 million Luzerne County verdict, the largest medical malpractice verdict for pain and suffering in Luzerne 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 (2009-2026).
• Free case review. Available 24/7. Zero upfront cost.

Call our Wilkes-Barre office at (570) 822-1400 or visit 7 Public Square, Wilkes-Barre, PA 18701 for a free, confidential case review. We are minutes from the Luzerne County Court of Common Pleas at 200 North River Street, where Wilkes-Barre area cases are filed.

Why Hire a Wilkes-Barre Personal Injury Lawyer?

• We Try Cases Across the Street From Our Office. Our Wilkes-Barre office at 7 Public Square is minutes from the Luzerne County Court of Common Pleas at 200 North River Street. We file, prepare, and try cases in the same courthouse that defense counsel walks into. Insurance carriers track which firms in this county will take a case to a jury, and they 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 a verdict. Carriers raise their offers when they know the firm on the other side will not flinch at filing suit.
• 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, and 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 Luzerne County Court of Common Pleas before joining the firm. He knows these courts, these 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 similar outcomes. Every case is different.

Personal Injury Cases We Handle in Wilkes-Barre

Most personal injury cases in Luzerne County fall into a recognizable set of categories. Each has its own evidence-preservation timeline, its own statutory framework, and its own path to recovery.

Wilkes-Barre Car Accident Lawyer

Car accidents are the highest-volume category in Luzerne County, and they turn on the Pennsylvania tort election, shared fault doctrine, and car accident laws. Common Wilkes-Barre crash patterns include rear-end collisions on I-81, intersection crashes around Public Square, winter pile-ups on the Cross Valley Expressway, hit-and-run claims, and rideshare crashes where the policy stack shifts with the driver’s app status. Our Wilkes-Barre car accident lawyers handle each of these patterns.

Wilkes-Barre Truck Accident Lawyer

Trucking cases are usually larger because federal financial responsibility minimums require commercial carriers to maintain coverage well above ordinary auto policy limits, and because the injuries are more severe. With Humboldt Industrial Park in Hazleton and the CenterPoint Commerce and Trade Park near Pittston feeding constant heavy traffic onto I-81 and I-476, Luzerne County carries one of the densest commercial truckloads in the Northeast, and our Wilkes-Barre truck accident lawyers send preservation letters within hours to lock that data down before it is gone.

Wilkes-Barre 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 these cases is anti-rider bias from adjusters, who reflexively reach for “speeding,” “weaving,” or “no helmet” to push fault onto the rider. Wilkes-Barre motorcycle accident lawyers counter that bias with accident reconstruction, event data from the at-fault vehicle, intersection footage, and witness statements.

Wilkes-Barre Slip and Fall Lawyer (Premises Liability)

Property owners in Pennsylvania owe duties that vary with the visitor’s status (invitee, licensee, trespasser) and the nature of the hazard. If you are injured on commercial property, evidence like security camera footage, incident reports, and maintenance logs can be quickly deleted or overwritten. Our Wilkes-Barre slip and fall lawyers step in immediately to demand that property owners preserve this crucial evidence before it disappears.

Wilkes-Barre Medical Malpractice Lawyer

Pennsylvania medical malpractice claims live or die on the Certificate of Merit and expert qualification. Scartelli Olszewski represented the plaintiff and won Shinal v. Toms, 162 A.3d 429 (Pa. 2017), the Pennsylvania Supreme Court decision that held a physician’s duty to obtain informed consent is non-delegable. We secure the complete medical file before records can be altered and retain same-subspecialty experts early, and our Wilkes-Barre medical malpractice attorneys bring that experience to every informed-consent case.

Wilkes-Barre Wrongful Death Lawyer

When negligence causes death, surviving families can pursue a wrongful death claim and a survival action. The wrongful death claim recovers for the family; the survival action recovers for the estate. We handle wrongful death across every cause, from motor vehicle and trucking crashes to medical negligence and workplace incidents, and our Wilkes-Barre wrongful death lawyers pursue the wrongful death claim and the survival action together so a family recovers both its own losses and the estate’s.

Wilkes-Barre Brain and Spinal Cord Injury Lawyer

Catastrophic-injury cases are framed by life care planning, vocational analysis, and economic-loss testimony, because the lifetime cost of severe traumatic brain injury, paraplegia, and tetraplegia routinely runs into the millions. Symptoms of brain injury may not appear immediately, and insurance carriers contest causation and severity in every catastrophic claim, which is why our Wilkes-Barre brain injury lawyers use neuropsychological testing and life-care planning to prove the full lifetime cost.

Wilkes-Barre Nursing Home Abuse Lawyer

Pressure sores, dehydration, unexplained falls, medication errors, and signs of physical or emotional abuse in a nursing facility are not isolated incidents; they are evidence of systemic understaffing and failing care standards. We pull staffing records, incident reports, state inspection surveys, and internal care logs to expose the patterns of neglect that the facility’s own documentation often confirms. Our Wilkes-Barre nursing home abuse lawyers move quickly before those records are altered or archived.

Wilkes-Barre Product Liability Lawyer

Product liability cases arise from defective vehicles and components, airbags, medical devices, pharmaceuticals, industrial equipment, and dangerous consumer products, and Pennsylvania strict liability holds the entire distribution chain (designer, manufacturer, and distributor) responsible without requiring proof of negligence. Our Wilkes-Barre product liability lawyers retain mechanical engineering, biomechanical, and product design experts early and issue legal holds to lock down the product and its chain of custody before the manufacturer’s defense team takes control of the narrative.

Wilkes-Barre Workplace and Construction Accident Lawyer

Workers’ compensation provides scheduled benefits, but it does not bar a third-party claim against a general contractor, subcontractor, property owner, equipment manufacturer, or other party whose negligence contributed to the injury. The third-party claim is often where the meaningful recovery sits. We coordinate with workers’ compensation counsel and pursue the third-party action in parallel, including the product liability claims that frequently arise from defective industrial equipment.

What to Do Immediately After a Wilkes-Barre Accident or Injury

The moments right after an accident are overwhelming, but what you do now directly impacts your recovery.

• Get evaluated at a Luzerne County trauma center the same day. Geisinger Wyoming Valley Medical Center in Plains Township is a Pennsylvania Trauma Systems Foundation-accredited trauma center serving the Wyoming Valley. Wilkes-Barre General Hospital operates a Level II trauma center and a 24/7 emergency department. 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 it is photographed and counsel weighs in. See tips for taking pictures after a crash.
• 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 quietly reduce what your claim is worth.
• Contact Scartelli Olszewski. We open the case, send formal preservation letters to the at-fault parties and their 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) 822-1400 for a free case review. For a comprehensive breakdown, see our what to do after a car accident guide to help you stay calm, protect your safety, and gather the evidence you need.

How Much Is Your Wilkes-Barre 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 the law allows.

• 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 logs, and reckless misconduct in product 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; other practice areas operate under common-law punitive standards.

No Cap on Compensatory Damages. Pennsylvania does not cap economic or non-economic damages in personal injury cases. The value of your claim is set by your actual losses, not an arbitrary limit. There is no single “average” personal injury settlement in Pennsylvania, because value depends on injury severity, liability, and the insurance available; minor soft-tissue claims and catastrophic-injury claims sit on opposite ends of a very wide range.

Who Can Be Held Liable for a Wilkes-Barre Personal Injury?

Identifying every party responsible for your injury matters, 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, 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 can create partial liability, subject to strict notice requirements under 42 Pa.C.S. § 5522(a) and the damage caps in the Political Subdivision Tort Claims Act and Sovereign Immunity Act.
• Bars and Restaurants. Pennsylvania’s dram shop liability (47 P.S. § 4-493(1)) allows suit against an establishment that served a visibly intoxicated patron who then caused harm.

How Insurance Companies Fight Personal Injury Claims

Understanding how carriers avoid paying claims helps you avoid the 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 that 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, event data, and electronic logging records are perishable. Carriers know that if no one preserves the data, it 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.

How Do Attorneys 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, event data and electronic logging downloads in vehicle and trucking cases, complete medical records, same-subspecialty expert testimony in malpractice cases, accident reconstruction in vehicle and product cases, and economic-loss 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 professional confirming the defendant deviated from the standard of care. It must be filed within 60 days of filing the complaint, not 60 days from the injury. Without it, the court dismisses the case. The firm’s command of this area is not theoretical: Scartelli Olszewski won Shinal v. Toms, 162 A.3d 429 (Pa. 2017), and Kristin A. Mazzarella was one of three attorneys on that Pennsylvania Supreme Court team.

Pennsylvania Laws That Control Personal Injury Claims in Wilkes-Barre

Personal injury cases in Pennsylvania are framed by a handful of statutes that decide how much you can recover.

• Modified Comparative Negligence (42 Pa.C.S. § 7102). You can recover compensation unless you are 51 percent or more at fault, which is the bar that ends recovery, and below that your recovery is reduced by your share of fault. As an example, if a jury finds you 25 percent at fault for a crash and your total damages are $100,000, your recovery is $75,000. But if the jury finds you 51 percent or more at fault, you recover nothing, because Pennsylvania’s 51 percent bar applies. Insurance adjusters weaponize this rule by blame-shifting, and we counter with photographic, video, and reconstruction evidence.
• Tort Election: Full Tort vs. Limited Tort (75 Pa.C.S. §§ 1702, 1705). This is the single most misunderstood choice on a Pennsylvania auto policy, and most Wilkes-Barre drivers never realize it controls their claim until after a crash. Limited tort restricts your right to recover pain and suffering unless your injuries meet the serious-injury threshold (death, serious impairment of a bodily function, or permanent serious disfigurement) or an exception applies. Common exceptions that unlock full pain and suffering 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, and occupants of a commercial vehicle. Motorcyclists are outside the tort election entirely because motorcycles are excluded from the no-fault PIP framework under 75 Pa.C.S. § 1711.

If you are not sure whether you carry full or limited tort, call (570) 822-1400 for a coverage review. The answer can change what your claim is worth.

• PIP, UM, and UIM Coverage. Pennsylvania requires Personal Injury Protection, which pays initial medical bills regardless of fault, with a $5,000 state minimum and higher limits available. The state minimum bodily injury liability coverage is $15,000 per person and $30,000 per accident, among the lowest in the country, so uninsured and underinsured motorist coverage on your own policy is often what closes the gap when the at-fault driver carries minimum limits. Pennsylvania law also permits stacking across multiple vehicles, which can be decisive in a serious-injury claim.
• Paul Miller’s Law (Hands-Free Driving, 75 Pa.C.S. § 3316.1). Handheld device use while driving is a primary offense in Pennsylvania under Act 18 of 2024, known as Paul Miller’s Law. The one-year warning period ran from June 5, 2025, through June 4, 2026, and as of June 5, 2026, officers issue summary citations carrying a $50 base fine plus court costs and fees. A citation or an admission of handheld use at the time of a crash is powerful civil liability evidence, and 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, with recovery that may include damages beyond the original loss, attorney fees, and interest, under the two-prong Terletsky standard adopted by the Pennsylvania Supreme Court in Rancosky.

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: Two years from the date of the injury under 42 Pa.C.S. § 5524.
• Medical Malpractice: Two years from the date of 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, but Pennsylvania interprets it narrowly under Fine v. Checcio, 870 A.2d 850 (Pa. 2005). Minor’s tolling under 42 Pa.C.S. § 5533(b)(1) suspends the clock on the child’s own claim until age 18; the parents’ separate claim 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. § 5524(2).
• 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 even if the two-year statute has not run.
• Federal Vehicles and Federal Healthcare Providers: Federal Tort Claims Act claims 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 footage get overwritten in days. Event data and logging records cycle out within weeks. We move immediately.

Personal Injury Cases in Luzerne County and Wilkes-Barre

Luzerne County is a hospital-dense, freight-heavy market built around the Wyoming Valley, and that combination drives the regional personal injury caseload.

• High-Frequency Corridors. I-81 runs roughly 42 miles through Luzerne County and carries some of the heaviest truck volume in the Northeast; the Cross Valley Expressway (Route 309), the I-476 Northeast Extension interchange near Pittston, Route 11 along the Susquehanna, and Route 115 toward the Poconos round out the highest-frequency crash corridors.
• Warehouse and Distribution Traffic. Humboldt Industrial Park in Hazleton and the CenterPoint Commerce and Trade Park near Pittston put constant tractor-trailer traffic onto I-81 and I-476, which is a major driver of the county’s serious trucking crashes.
• Where We File. Personal injury lawsuits in this market are filed and tried in the Luzerne County Court of Common Pleas at 200 North River Street. Cases valued at $50,000 or less are routed first through Luzerne County’s compulsory arbitration program before they reach a jury trial, which affects the timeline and strategy. Our office at 7 Public Square is minutes away.

Wilkes-Barre Personal Injury FAQ

How Much Does It Cost to Hire a Personal Injury Lawyer in Wilkes-Barre?

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

Can I Recover Compensation if I Was Partially at Fault?

Yes. Under Pennsylvania’s modified comparative negligence rule (42 Pa.C.S. § 7102), you can recover damages as long as you are not more than 50 percent at fault. The law reduces your award by your percentage of fault. If you are 51 percent or more at fault, however, you cannot recover compensation.

How Long Does a Wilkes-Barre 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 must be documented before the case is valued. Medical malpractice and trucking cases often take longer, and cases that go to trial typically take 2 years or more from filing.

Should I Accept the Insurance Company’s Settlement Offer?

Do not accept an initial settlement offer without first consulting an attorney. Insurance companies design these early offers to close your claim quickly, often before you fully understand the extent of your medical needs or the long-term impact of your injuries. Once you accept a settlement, you forfeit your right to further compensation, even if your condition worsens later.

Will My Wilkes-Barre Personal Injury Case Go to Court?

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

What if I Was Hit by an Uninsured Driver?

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

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.

Free Consultation With a Personal Injury Lawyer at Scartelli Olszewski, P.C.

Pennsylvania gives you two years to file most personal injury claims and as little as six months to give notice of a claim against a government entity. Evidence becomes harder to collect the longer you wait, and the first call is free with 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.

(570) 822-1400 Wilkes-Barre office | Start your free consultation

Our Wilkes-Barre office at 7 Public Square represents injured clients throughout Luzerne County and Northeastern Pennsylvania, including Wilkes-Barre, Kingston, Pittston, Nanticoke, Hazleton, Plains Township, Mountain Top, Dallas, and the Back Mountain. We also serve Scranton, Lackawanna County, and the surrounding counties.