Life can change in a fraction of a second. One moment, you are commuting to work on I-81 or walking through a local Scranton grocery store, and the next, you are in the back of an ambulance. When an unexpected accident occurs due to someone else’s negligence, the physical pain is often matched by immediate financial and emotional panic. You are suddenly thrust into a complex legal and medical system, wondering how you will pay your bills and provide for your family.
At The Moran Law Group, we meet people every day who are living this nightmare. While every client’s story is deeply personal and unique, the legal frameworks surrounding their accidents often fall into familiar categories. Clients frequently ask us, “What is the most common personal injury claim?” Understanding the most common types of personal injury claims is more than just a matter of legal trivia. It helps you recognize the everyday hazards around you, understand your legal rights if you are injured, and realize that you are not alone in this fight.
Here is a detailed breakdown of the most common personal injury claims we handle in Northeast Pennsylvania, the laws that govern them, and how our family can help yours navigate the aftermath.
The #1 Most Common Claim: Motor Vehicle Accidents
Without a doubt, motor vehicle accidents are the most common type of personal injury claim in the United States, and Pennsylvania is no exception. With millions of drivers on the road, congested highways, and unpredictable weather, car crashes happen daily.
When a driver acts negligently—whether by texting, speeding, driving under the influence, or simply ignoring traffic signals—the resulting collisions can cause catastrophic injuries.
Why Auto Accidents Dominate Personal Injury Law
The sheer volume of vehicles makes accidents statistically inevitable. However, securing compensation after a crash in Pennsylvania involves navigating a highly specific set of laws. Pennsylvania is a “choice no-fault” state. This means that after an accident, your own insurance pays for your initial medical bills (up to your Personal Injury Protection or PIP limits), regardless of who caused the crash.
However, to sue the at-fault driver for pain and suffering, your legal options depend on the type of insurance you selected:
- Full Tort: If you have full tort coverage, you retain the unrestricted right to sue the negligent driver for all damages, including pain and suffering, regardless of the severity of your injury.
- Limited Tort: If you selected limited tort (usually to save money on premiums), you can only sue the at-fault driver for pain and suffering if your injuries meet the legal definition of a “serious injury” (such as severe impairment of a bodily function, permanent disfigurement, or death).
Insurance companies frequently use limited tort selections to deny valid claims. This is why having an experienced Scranton personal injury attorney review your policy and your medical records is absolutely critical to proving your case.
Commercial Trucking Accidents
While standard car crashes are the most common, accidents involving commercial semi-trucks are often the most devastating. Northeast Pennsylvania is a major logistics hub, heavily traveled by tractor-trailers on I-81, I-380, and the Pennsylvania Turnpike. Because of the massive size and weight of these vehicles, passenger cars are easily crushed. Truck accident claims are incredibly complex because they often involve multiple liable parties, including the truck driver, the trucking company, the cargo loader, and the vehicle manufacturer.
Other Leading Personal Injury Claims
While auto accidents take the top spot, there are several other highly common types of personal injury claims that our trial attorneys handle regularly.
1. Slip and Fall Accidents (Premises Liability)
Property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to do so, and someone gets hurt, it results in a “premises liability” claim. The most common iteration of this is the slip and fall accident.
In Scranton and the surrounding NEPA areas, harsh winters create a massive spike in these claims. Ice-covered sidewalks, unsalted parking lots, and wet entryways in commercial buildings are prime hazards. However, slip and falls also happen year-round due to:
- Torn carpeting or uneven flooring.
- Spills in grocery store aisles that are left uncleaned.
- Poorly lit stairwells.
- Broken or missing handrails.
To win a slip and fall claim, we must prove that the property owner either knew about the hazard and ignored it, or should have known about it if they were properly maintaining their property.
2. Medical Malpractice
We trust doctors, nurses, and hospitals with our lives. Unfortunately, medical professionals can make devastating errors. Medical malpractice occurs when a healthcare provider breaches the standard of care, resulting in injury or death to the patient.
Common medical malpractice claims include:
- Misdiagnosis or delayed diagnosis (especially with cancer or heart attacks).
- Surgical errors (operating on the wrong body part or leaving instruments inside the patient).
- Birth injuries to the mother or child.
- Medication errors (prescribing the wrong drug or incorrect dosage).
These cases are notoriously difficult to win. They require extensive review of medical records and testimony from highly specialized medical experts to prove that the doctor’s actions fell below the accepted standard of care.
3. Workplace and Construction Accidents
If you are injured on the job in Pennsylvania, you are generally entitled to Workers’ Compensation, which covers your medical bills and a portion of your lost wages regardless of fault. However, Workers’ Compensation prevents you from suing your employer directly for pain and suffering.
But there is a catch: Third-Party Claims. If your workplace injury was caused by someone other than your employer, you can file a traditional personal injury lawsuit in addition to your workers’ compensation claim. This is very common in construction accidents. For example, if you are a carpenter injured by a defective power tool, you could sue the tool manufacturer. If you are injured by a negligent subcontractor from a different company, you could sue that company.
4. Dog Bites and Animal Attacks
Millions of people are bitten by dogs every year in the U.S., and children are disproportionately the victims. In Pennsylvania, dog owners are strictly liable for medical expenses caused by their dog biting someone. If the victim wants to sue for additional damages, like pain and suffering or permanent scarring, they must generally prove that the owner was negligent (e.g., the owner knew the dog was aggressive and failed to leash or contain it).
5. Nursing Home Abuse and Neglect
As our population ages, more families are relying on nursing homes to care for their loved ones. Tragically, understaffing and poor training lead to rampant neglect. Common claims include severe bedsores, malnutrition, medication errors, falls from beds or wheelchairs, and unexplained bruising. At The Moran Law Group, protecting the most vulnerable members of our society is a calling we take very seriously.
The Core Elements of a Successful Claim
Whether you are involved in the most common car crash or a highly complex medical malpractice case, the underlying legal framework is the same. To secure compensation, a plaintiff (the injured party) must prove four elements of negligence:
- Duty of Care: The defendant owed you a legal obligation to act reasonably and safely. (e.g., A driver has a duty to stop at a red light).
- Breach of Duty: The defendant violated that duty through action or inaction. (e.g., The driver texted and ran the red light).
- Causation: The defendant’s specific breach directly caused your accident and injuries. (e.g., Running the red light caused the crash that broke your arm).
- Damages: You suffered measurable, legally recognized harm. (e.g., You have medical bills, lost wages, and physical pain).
Insurance companies will attack every single one of these elements to avoid paying you. They will claim you caused the accident, they will claim your injuries were pre-existing, or they will claim your medical treatment was unnecessary.
Steps to Take If You Experience a Common Personal Injury
If you are involved in any of the accidents listed above, the steps you take in the immediate aftermath can make or break your personal injury claim.
- Seek Immediate Medical Attention: Your health is paramount. Even if you feel “okay” due to adrenaline, see a doctor immediately. A gap in medical treatment is the number one excuse insurance companies use to deny claims.
- Report the Incident: Call the police for a car accident. File an incident report with the store manager for a slip and fall. Get the accident on the official record.
- Document Everything: Take photos of the scene, your injuries, vehicle damage, or the hazard that caused your fall. Collect names and phone numbers of any eyewitnesses.
- Do Not Speak to the Other Party’s Insurance: Adjusters are trained to extract statements that can be used against you. Do not give a recorded statement without an attorney present.
- Stay Off Social Media: Do not post about your accident, your injuries, or your recovery. Defense attorneys will scour your social media looking for photos to prove you aren’t as hurt as you claim.
Why Hiring a Scranton Personal Injury Attorney Matters
When you are fighting an insurance company, you are fighting a multi-billion-dollar corporation with a team of lawyers whose sole job is to minimize your payout. You cannot fight them alone and expect a fair result.
At The Moran Law Group, we level the playing field. Backed by over 50 years of combined experience, our Board Certified Civil Advocates are true trial attorneys. Many firms operate as “settlement mills,” taking the first lowball offer the insurance company throws at them to avoid going to court. We do the opposite. We prepare every single case as if it is going to a jury trial.
Because insurance companies know we are willing and able to litigate, they are far more likely to offer maximum, fair settlements to our clients outside of court.
Conclusion: You Are Family, Not Just a File
While motor vehicle accidents may be the most “common” personal injury claim on paper, we know that there is nothing common or ordinary about the pain you are experiencing.
At The Moran Law Group, our motto is “Not Just a Client… You Are Family.” When you trust us with your case, you get aggressive representation in the courtroom and compassionate counsel in our office. We handle the stressful negotiations, the endless paperwork, and the legal hurdles so you can focus entirely on healing and rebuilding your life.
If you or a loved one has been injured in a car crash, slip and fall, or any other accident in Scranton, Carbondale, Jermyn, or the surrounding NEPA region, do not wait. Put your future in capable hands. Contact us today for a free consultation.
Frequently Asked Questions (FAQ)
1. What is the most common personal injury claim?
Motor vehicle accidents (including car, truck, and motorcycle crashes) are by far the most common type of personal injury claim. Because of the sheer number of drivers on the road, collisions caused by distracted driving, speeding, and negligence happen daily.
2. How do I know if I have a valid personal injury claim?
A valid claim generally requires proving that someone else’s negligence directly caused your injuries and resulted in damages (like medical bills or lost wages). The best way to know for sure is to consult with an experienced personal injury attorney who can evaluate the specific facts of your case for free.
3. What is the statute of limitations for a personal injury claim in Pennsylvania?
In Pennsylvania, you generally have exactly two years from the date of the accident to file a personal injury lawsuit. If you fail to file within this strict two-year window, you will be permanently barred from recovering any compensation.
4. Can I still file a claim if I was partially at fault for the car accident?
Yes. Pennsylvania follows a “modified comparative negligence” rule. You can still recover compensation as long as you were not more than 50% at fault for the accident. However, your total compensation will be reduced by your percentage of fault.
5. How much will it cost to hire The Moran Law Group?
We operate on a contingency fee basis. This means we charge no upfront fees, no hourly rates, and no retainers. We pay for all the costs of investigating and litigating your case. We only get paid a percentage of your settlement or verdict if we successfully win your case. If we don’t win, you owe us nothing.