Were you injured in an accident in Wilkes-Barre, PA? If so, you may be entitled to recover compensation for your medical bills, lost wages, out-of-pocket expenses, and more. Call McDonald & MacGregor, LLC at (570) 209-7062 to schedule a free consultation.
Our Wilkes-Barre personal injury lawyers have 93 years of combined legal experience and have recovered more than $50 million for our clients. We have secured some of the largest settlements and verdicts in Northeastern Pennsylvania. You can count on us to fight for maximum compensation in your case, too.
You don’t have to face the aftermath of an accident alone. We’re ready to advocate for your legal rights.
Why Should I Hire McDonald & MacGregor to Handle My Wilkes-Barre Personal Injury Case?
When you’re dealing with the physical, emotional, and financial toll of an accident in Wilkes-Barre, Pennsylvania, you need a legal team that is committed to pursuing a favorable outcome in your case.
At McDonald & MacGregor, our Wilkes-Barre personal injury attorneys are driven by a commitment to justice, accountability, and advocacy. We treat our clients like family and give their cases the personalized attention they deserve.
In addition to our extensive experience and record of significant verdicts and settlements, members of our legal team have been recognized by reputable legal organizations, such as The National Trial Lawyers, the Million Dollar Advocates Forum, and Best Lawyers in America.
Let us put our experience and resources to work for you. Call us today to schedule a free consultation.
Do I Have a Personal Injury Case?
You may have a personal injury case if the following factors are at play in your accident:
- You suffered losses as a result of someone else’s conduct. This can include physical injuries, emotional trauma, medical bills, or property damage.
- Someone else was at fault. You must be able to prove that another party’s negligence or intentional wrongdoing resulted in your harm.
- There is a direct link between the other party’s actions and your injury. You will need to be able to demonstrate that the other party’s conduct caused your injury.
- You’re within the legal deadline. The statute of limitations bars claims after a certain amount of time has passed.
You shouldn’t assume that you don’t have a case because your injuries seemed minor at first. Some symptoms may be delayed, and certain injuries can take time to fully develop. If you are unsure of whether you have a case, the best thing to do is contact one of our lawyers. We can meet with you and help you determine whether it would be worth pursuing a claim.
Why Should I Hire a Personal Injury Lawyer?
There are many reasons why you should hire a personal injury lawyer, including:
- Leveling the Playing Field: The insurance company may try to take advantage of you and settle your claim for less than its worth. We’ll ensure they take your claim seriously and honor the terms of the insurance agreement.
- Accessing Expert Witnesses: Accident reconstructionists, doctors, accountants, and forensic specialists can all provide valuable testimony to bolster your case.
- Defending You Against Unfair Blame: We’ll work hard to counter unfair allegations of fault and minimize your share of the blame as much as possible.
- Giving You Time to Focus on Your Recovery: While we handle your legal matters, you can focus on your recovery.
Without legal representation, you may underestimate the value of your case. For example, you could be tempted to accept a settlement prematurely, overlooking the potential long-term impact of your injuries. Personal injury victims who decide to hire a lawyer often obtain significantly higher payouts than those who choose to represent themselves.
Allow us to provide you with the legal representation you deserve; we’ll fight to secure justice and compensation for your claim.
We Handle Many Different Kinds of Personal Injury Cases in Wilkes-Barre, PA
Our legal team handles a wide variety of personal injury cases, such as:
Car Accidents
A car crash can result in physical injuries and severe damage to your vehicle. Our Wilkes-Barre car accident lawyers help victims recover compensation for medical bills, lost wages, and pain and suffering. We’ll strive to hold the at-fault driver accountable for their actions.
Motorcycle Accidents
While motorcycles make up a small percentage of registered vehicles, motorcyclists account for a disproportionately high number of fatalities on an annual basis. If you have been injured in a motorcycle accident, our Wilkes-Barre motorcycle accident attorneys are here to help you with your claim.
Truck Accidents
Truck accidents often involve multiple parties, complicated state and federal regulations, and complex liability issues. Our experienced Wilkes-Barre truck accident lawyers will investigate every aspect of your case, determine who is at fault, and fight to recover the full compensation you deserve.
Wrongful Death
If you lost a loved one in a fatal accident, you may be able to pursue a wrongful death claim against the at-fault party under Pennsylvania law. Our compassionate Wilkes-Barre wrongful death attorneys will provide you with the support you need during this time.
Medical Malpractice
Doctors, nurses, and hospitals can be held liable for committing a medical error that results in your harm. We’ll help you identify who is responsible for the accident and work diligently to build a strong case against them. Our Wilkes-Barre medical malpractice lawyers are here for you.
Slip and Fall Accidents
Shops, restaurants, and other businesses have a legal duty to keep their premises safe for guests. If you slipped and fell on someone else’s property, you may be entitled to compensation from them. Our Wilkes-Barre slip and fall accident attorneys will investigate your case and advocate for you.
Workers’ Compensation
Workers’ compensation is a system that provides financial and medical benefits to employees who have been injured on the job. Our Wilkes-Barre workers’ compensation attorneys are here to help you navigate the claims process and ensure you receive the full benefits you deserve.
We also handle cases in other practice areas, such as rideshare accidents, birth injuries, construction accidents, nursing home abuse, and premises liability.
How Much Does It Cost to Hire a Personal Injury Lawyer?
After an accident, you may be hesitant to hire an attorney due to financial concerns. However, our personal injury lawyers work on a contingency fee basis. In other words, you don’t have to pay any upfront fees, hourly fees, or a retainer for our legal services. Our attorneys’ fees are entirely based on the outcome of your case.
If we manage to win your case, we will receive a percentage of your settlement or verdict. If we lose your case, you won’t owe us anything.
Many clients worry that hiring a lawyer means that there will be hidden fees or surprise costs. With our firm, that is never the case. We provide clear written agreements to all of our clients, detailing how our fee structure works and what percentage we will receive if we win. Furthermore, we’ll take care of court filing fees, expert witness expenses, and administrative costs—and deduct them from your settlement or verdict.
This fee structure allows anyone—regardless of their financial situation—to hire an exceptional attorney.
What Damages Are Available to Wilkes-Barre Accident Victims?
There are two main types of compensatory damages available in the event of an accident in Wilkes-Barre, Pennsylvania. These are economic and non-economic damages.
Economic Damages
Economic damages cover tangible losses that are easier to calculate. Examples include:
- Medical bills
- Lost wages
- Physical therapy
- Diminished earning capacity
- Rehabilitation
- Out-of-pocket expenses
These damages frequently have receipts, bills, invoices, and other supporting documentation.
Non-Economic Damages
Non-economic damages cover intangible losses that are harder to quantify. Examples include:
- Pain and suffering
- PTSD
- Chronic pain
- Reduced quality of life
- Loss of consortium
- Disfigurement
Pennsylvania law generally allows for punitive damages to be awarded in addition to compensatory damages to punish the defendant for outrageous or egregious conduct.
Proving the value of damages is not always straightforward; meticulous documentation and expert analysis are often needed. For instance, we may have to work with medical professionals to determine how long it will take for you to recover from your injuries and the extent of your future medical treatment.
Our legal team will ensure that all your damages are accounted for when bringing your personal injury claim.
How Much Is My Personal Injury Case Worth?
There are numerous factors that can affect the value of your personal injury case, including:
- The Severity of Your Injuries: More serious injuries typically result in higher costs in the long term.
- Whether You Have Reached Maximum Medical Improvement (MMI): MMI is the point at which your condition has stabilized, and you are not expected to get any better.
- Whether You Sustained a Partial or Permanent Disability: Lasting impairments (e.g., spinal cord injuries or brain injuries) can have an ongoing impact on your life, keeping you from participating in normal daily activities.
- Your Share of Fault for the Accident: Your compensation may be reduced if you are partially at fault for the accident. The less your percentage of fault, the higher your recovery.
- The Willingness of the Insurance Company to Negotiate: Some insurers are more cooperative than others. If a fair settlement cannot be reached, we may need to take your case to trial, which will affect the timeline and potential value of your claim.
- Whether Your Case is Settled or Goes to Trial: Settlements are generally less costly and more efficient than trials. We’ll help you weigh all your options.
Beyond these factors, others like the credibility of the witnesses, the quality of your medical documentation, and the experience of your attorney may also come into play. We will evaluate all these factors and others to give you an estimate of the value of your case.
What if I’m Partially At Fault For My Accident?
Under Pennsylvania’s modified comparative fault rule, you may be able to recover compensation even if you are partially at fault. However, if your share of the blame exceeds 50%, you will be barred from recovering compensation altogether.
For example, if you were awarded $150,000 in damages but were found to be 10% at fault, you would receive $135,000.
The insurance company may try to exaggerate your degree of fault, even without strong evidence. That’s why we will conduct our own investigation, reviewing traffic camera footage, eyewitness testimony, and the accident reconstructionist report to push back. We’re prepared for their tactics and will work diligently to minimize or eliminate your share of fault altogether.
Personal Injury FAQ
How Long Do I Have to File a Lawsuit After an Accident in Pennsylvania?
There is a two-year statute of limitations for most personal injury lawsuits in Pennsylvania. This means that victims typically have two years from the date of the accident to file a lawsuit. Failure to take legal action within this timeframe could result in your losing your right to compensation.
There are some exceptions to the statute of limitations. For instance, if the injury wasn’t discovered right away, a government entity was involved, or a minor was injured in an accident, the deadline to file a lawsuit could change. However, these situations are rare and fact-specific.
That’s why it’s important to have an experienced personal injury lawyer on your side. Our attorneys can help you identify the statute of limitations that applies to your case and ensure that your lawsuit is filed in a timely manner.
What Is Negligence, and How Do I Prove It?
Most personal injury claims are based on the legal theory of negligence.
There are four elements that must be established in a negligence claim:
- Duty: The defendant owed you a legal duty (e.g., property owners generally have a duty to keep their property safe for visitors).
- Breach of Duty: The defendant breached the duty that they owed to you, resulting in your harm.
- Causation: The defendant caused your injuries.
- Damages: You suffered losses (e.g., physical injuries, medical bills, and property damage) on account of the defendant’s conduct.
In many cases, multiple parties may be liable for your injuries. For example, in a truck accident case, the truck driver, the trucking company, the maintenance provider, or the parts manufacturer could be held liable. We will ensure that every party who played a role in your accident is held responsible for their actions.
There are various types of evidence that can be used to prove your claim:
- Eyewitness testimony
- Medical records
- Employment records
- Dash cam footage
- Traffic camera footage
- DNA evidence
- Accident reports
- Depositions from expert witnesses
Negligence takes different forms depending on the case. In car accident cases, negligence often involves speeding, failure to yield, ignoring traffic signals, and driving under the influence. In a slip and fall case, a store may have failed to clean up a spill or exposed electrical cords, creating a hazardous condition. To establish negligence, we will collect and analyze every piece of evidence.
We’ll take the evidence in your case and devise a meticulous legal strategy to put you in a strong position to achieve the results you want.
Will My Personal Injury Case Go to Trial?
The reality is that most personal injury cases do not go to trial. In fact, according to one study, only about 5% ever reach trial. Thus, the chances of your case being settled are high. However, you can rest assured that we will engage in settlement negotiations, but if a fair settlement cannot be reached, we will take your case to court.
The decision to settle or go to trial depends on many factors, such as your personal goals, the strength of your evidence, and the other side’s willingness to negotiate. There are many distinct advantages to settling, including quicker resolution, lower costs, and the certainty of an outcome. On the other hand, trials often result in higher compensation, but they can be lengthy and emotionally draining.
Our attorneys have extensive experience handling settlement negotiations and trying cases in court. We will keep you informed as your case unfolds and work closely with you to discern whether settling or taking your case to trial would be in your best interest.
How Long Will My Personal Injury Case Take?
Depending on the severity of your injuries, the complexity of the legal issues, and whether your case is resolved through settlement or trial, it could take anywhere from a few months to several years.
Regardless of how long your case takes, we are committed to seeing it through—from the initial consultation to the final resolution.
Contact Our Experienced Wilkes-Barre Personal Injury Lawyers For Legal Help
Sustaining injuries in a preventable accident is a frustrating and overwhelming experience. The recovery process can be long and difficult. McDonald & MacGregor is the law firm you can rely on to help you get through this difficult time.
Our Wilkes-Barre personal injury lawyers have decades of combined legal experience. We’ve recovered tens of millions of dollars on behalf of our clients.
Contact us today to schedule a free consultation. As a reminder, we work on a contingency fee basis, which means that you won’t owe us anything unless we secure compensation for you.
