Brian Injury Lawyer in Scranton

Need an Attorney for a Brain Injury Case in Scranton? Contact Us Now

A brain injury may be sustained in an accident, as a result of medical malpractice, or because of an attack. Brain injuries are categorized as catastrophic injuries because of their potential to be life-threatening or even fatal.

A brain injury may result in any of the following side effects:

A person who has sustained a serious brain injury may never fully recover. At Rogan Law, we recognize how serious these injuries are and understand that victims and their families need the aggressive representation of a skilled brain injury attorney in Scranton to have an opportunity to bring the responsible person to justice for their actions.

A lawyer at our firm can help you if your brain injury case involves:

With a case involving a brain injury, you will need to rely on your attorney's ability to accurately evaluate what your case is worth. That will include estimating any future medical bills that may arise, as well as the lasting consequences of an injury of this magnitude. 

Determining compensation involves assessing both economic and non-economic damages, such as lost wages, future earning potential, pain and suffering, and diminished quality of life. Our brain injury lawyers in Scranton work diligently to ensure that all aspects of your losses are considered.

At Rogan Law, we have the experience to understand these cases, as well as access to medical experts and others in the field to help ensure that we can seek the true value of our clients' brain injury cases. Contact us online or call (570) 906-8532 to speak with our brain injury attorneys.

Understanding Brain Injuries in Scranton

In Pennsylvania, brain injury claims fall under the umbrella of personal injury law, primarily governed by Title 42 of the Pennsylvania Consolidated Statutes. A Scranton brain injury attorney must navigate a specific set of rules that apply to negligence and the recovery of damages. 

It is vital to understand that brain injuries are often categorized by their mechanism and severity:

• Traumatic Brain Injury (TBI): Caused by an external force, such as a blow to the head in a car accident or a fall at a construction site. These are further classified as "mild" (concussions), "moderate," or "severe."
• Acquired Brain Injury (ABI): Occurs at the cellular level, often due to oxygen deprivation (hypoxia). This frequently arises in medical malpractice or near-drowning incidents.
• Coup-Contrecoup Injuries: Common in high-impact collisions, where the brain strikes one side of the skull and then bounces to strike the opposite side, causing damage in two distinct locations.

Statute of Limitations for a Brain Injury Claim

Under Pennsylvania law, the Statute of Limitations for filing a brain injury lawsuit is generally two years from the date of the accident. However, because TBI symptoms—such as cognitive decline or personality changes—may not manifest immediately, the "Discovery Rule" may apply. 

This rule can potentially extend the deadline to two years from the date you discovered, or reasonably should have discovered, the injury. Our firm works to identify these timelines early to ensure your right to compensation is protected.

Legal Options for Brain Injury Victims

Victims of brain injuries have the right to pursue compensation if their injury was caused by another party’s negligence. Several legal theories may apply in a brain injury case, including:

• Negligence: If another party’s carelessness caused the injury, they can be held legally responsible. This applies to car accidents, premises liability claims, and medical malpractice cases.
• Product Liability: Defective products, such as faulty helmets, unsafe machinery, or defective airbags, can contribute to brain injuries. Manufacturers and distributors may be held liable under product liability laws.
• Workers’ Compensation: Employees who suffer brain injuries while on the job may be entitled to workers’ compensation benefits, covering medical expenses and lost income.
• Wrongful Death: If a brain injury leads to a fatal outcome, surviving family members may file a wrongful death claim to seek compensation for funeral expenses, lost income, and loss of companionship.

A Scranton brain injury lawyer will assess the case details and determine the best course of legal action to maximize compensation.

Recoverable Damages in a Successful Brain Injury Claim

The financial impact of a brain injury is staggering. According to healthcare data, the lifetime cost of treating a severe TBI can reach millions of dollars. A brain injury lawyer in Scranton must fight for a settlement that covers more than just the immediate hospital bills.

Economic Damages

These are the measurable financial losses you have incurred:

• Past and Future Medical Bills: Including emergency care, surgeries, and specialized neurological consultations.
• Rehabilitation Costs: Intensive speech, occupational, and physical therapy are often required for years.
• Lost Wages and Earning Capacity: If the injury prevents you from returning to your high-level career, we seek compensation for the lifetime of income you have lost.
• Home Modifications: Costs for ramps, widened doorways, or smart-home technology needed for an independent life.

Non-Economic Damages

These address the "human cost" of the injury:

• Pain and Suffering: The physical pain associated with chronic headaches, light sensitivity, and physical impairment.
• Loss of Enjoyment of Life: The inability to participate in hobbies, sports, or family activities you once loved.
• Emotional Distress: Compensation for the anxiety, depression, and mood swings that frequently accompany brain trauma.
• Loss of Consortium: The impact the injury has on your relationship with your spouse and children.

Pennsylvania’s Modified Comparative Negligence Rule

A critical aspect of Pennsylvania law is the 51% Bar Rule (42 Pa. C.S. § 7102). This rule states that you can recover damages as long as you are 50% or less at fault for the accident. However, your total compensation will be reduced by your percentage of fault. 

For example, if a jury determines your damages are $1 million but finds you were 20% at fault for not wearing a seatbelt, your award would be reduced to $800,000. If you are found to be 51% or more at fault, you are barred from recovering anything. 

Our firm works tirelessly to push back against insurance companies that try to unfairly shift blame onto the victim to avoid paying the full value of the claim.

Proving Liability in a Brain Injury Case

Establishing fault is a crucial aspect of any brain injury claim. A Scranton brain injury attorney will gather evidence, consult medical experts, and build a compelling case to prove negligence. 

Key factors in proving liability include:

• Medical Records: Documentation from doctors, neurologists, and therapists helps establish the severity of the injury and its long-term impact.
• Accident Reports: Police reports, workplace incident records, and witness statements provide details about the cause of the injury.
• Expert Testimony: Neurologists, forensic analysts, and accident reconstruction specialists may be called upon to explain how the injury occurred and its effects.
• Surveillance Footage and Photographic Evidence: Videos and photos from the accident scene can help demonstrate negligence and support the victim’s claim.
• Financial Records: Payroll records, tax returns, and employment documents show the economic losses suffered due to the injury.

Seeking Legal Help After a Brain Injury

Navigating a brain injury claim can be complex, but having the right legal representation can make all the difference. At Rogan Law, our Scranton brain injury lawyers will handle the legal process, allowing victims and their families to focus on recovery. Securing compensation for medical care, lost wages, and emotional suffering is essential for rebuilding a stable future after a traumatic brain injury.

A brain injury can change your life – Get the compensation you deserve! Our experienced Scranton brain injury lawyer will fight for your rights and maximize your recovery. Call (570) 906-8532 now or contact us online for a consultation!

Frequently Asked Questions About Brain Injury Legal Services

What Should I Do Immediately After a Brain Injury?

Immediately after sustaining a brain injury, seeking prompt medical attention is crucial. Even if the injury appears minor, symptoms may not manifest immediately, and early intervention can prevent further complications. After securing medical care, it is important to document the incident by gathering evidence, such as photographs and witness statements, which can be critical for any subsequent legal action. Contacting a lawyer experienced in brain injury cases quickly is also advised. At Rogan Law, we provide the necessary legal guidance to help you understand your rights and potential avenues for compensation.

How Does the Legal Process Work for Brain Injury Claims?

The legal process for brain injury claims typically begins with a thorough investigation of the incident and documentation of all related damages, including medical expenses, lost wages, and pain and suffering. Once evidence is gathered, your attorney will file a claim against the responsible party or their insurance company. This often leads to negotiations and potentially mediation to reach a settlement. If a fair settlement cannot be reached, the case may proceed to trial. Throughout this process, our team at Rogan Law is committed to providing personalized attention and strategic counsel to pursue the best possible outcome for your situation.

What Compensation Can I Expect From a Brain Injury Case?

Compensation from a brain injury case in Scranton may cover various damages, both economic and non-economic. Economic damages include tangible losses such as medical bills, rehabilitation costs, lost wages, and future earning potential. Non-economic damages may compensate for pain and suffering, emotional distress, and loss of enjoyment of life. The amount of compensation varies based on the severity of the injury, the impact on your life, and the circumstances surrounding the incident. Our brain injury lawyers in Scranton focus on thoroughly evaluating all potential damages to ensure you seek full and fair compensation.

Why Is Hiring a Local Brain Injury Lawyer Important?

Hiring a local brain injury lawyer in Scranton is beneficial because they have a thorough understanding of the local legal landscape, resources, and community dynamics. A lawyer familiar with local courts and regulations can navigate the intricacies of your case more effectively. Moreover, a local attorney is better positioned to coordinate with local medical experts and support services, which can be pivotal in building a strong case. At Rogan Law, our deep ties to the Scranton community allow us to provide dedicated and insightful legal services tailored to the needs of our clients.

How Long Do I Have to File a Brain Injury Claim in Pennsylvania?

In Pennsylvania, the statute of limitations for filing a personal injury claim, including brain injuries, is generally two years from the date the injury occurred. However, there may be exceptions depending on the specifics of the case, such as when the injury was discovered. It is crucial to address this timeline promptly to ensure your legal rights are preserved. Delaying action can jeopardize your ability to recover compensation. Consulting with a knowledgeable lawyer at Rogan Law as soon as possible can help you understand the specific timelines for your situation and ensure all necessary steps are taken within the required timeframes.

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