Personal Injury - O'Donnell Law

State Immunity Faces Novel Facts

O'Donnell Law Offices — Mon, 06 Jul 2026 14:06:50 +0000

By Connor Graham and Neil T. O’Donnell

Understanding Sovereign Immunity in Pennsylvania

One may suit the Commonwealth of Pennsylvania, but only in limited circumstances. If the State does not consent to being sued, then it, and its officials and employees acting within the scope of their duties, enjoy sovereign immunity. The State Constitution mandates that the legislature may choose which claims are appropriate. These exceptions are strictly construed by the courts. One of these exceptions is the real estate exception, for damages caused by a “dangerous condition of Commonwealth agency real estate[.]”¹ The real estate exception is the focus of a case with particular set of facts.

A Fatal Tree Branch Accident on a Commonwealth Highway

Geoffrey J. Schmidt tragically sustained fatal injuries when the branch of a large tree fell and crushed his vehicle on a Commonwealth highway in Montgomery County.² His estate sued PennDOT and other Defendants, bringing claims in negligence, wrongful death, and the Survival Act. The estate tried to use the real estate exception to bring the case to PennDOT, arguing that the Department failed to provide sufficient warnings concerning the hazardous environment. Under this logic PennDOT, a Commonwealth Department, would be immune from suit unless the real estate exception to sovereign immunity is applicable. The issue is that the tree, albeit overhanging over a Commonwealth highway, was based on property owned by the Southeastern Pennsylvania Transportation Authority (SEPTA). SEPTA is a Commonwealth is not connected to PennDOT, so SEPTA’s liability status does not have bearing on the effectiveness of any claim against PennDOT.

The Real Estate Exception and PennDOT’s Right-of-Way

This left Plaintiff arguing that PennDOT should be held liable because the tree is located above PennDOT’s right-of-way. The trial court appeared to believe that Plaintiff had a case, for they denied PennDOT’s motion for summary judgment on the issue. The Commonwealth Court was not as persuaded. Conceding that PennDOT could have trimmed the tree, the “right to perform maintenance does not confer property interests sufficient to expand the scope of the real estate exception” to instances where the tree originated outside of the Department’s right-of-way.³

The Pennsylvania Supreme Court Considers the Case

Schmidt’s estate successfully appealed to the Pennsylvania Supreme Court, echoing the same argument used in the lower court. Oral argument was held in May, but the justices appeared split on the issue.⁴ The justices had taken the arguments under advisement. Schmidt’s estate would need to survive on the Supreme Court level to keep PennDOT in the case. Should the estate prevail, they would still need to prove PennDOT’s liability before a jury.

Sources

¹ 42 PA. C.S. § 8522(b)(4).

² Schmidt v. Pa. DOT, 326 A.3d 147, 148 (Pa. Cmwth. 2024).

³ Schmidt, 326 A.3d at 156.

⁴ Matthew Santoni, Pa. Justices Debate State’s Immunity In Roadway Death Suit, Law360 (May 16, 2026).

https://www.law360.com/articles/2479582/pa-justices-debate-state-s-immunity-in-roadway-death-suit

Accessed May 20, 2026.

Injured on a Pennsylvania Roadway?

Claims involving dangerous roadway conditions, government agencies, and questions of immunity can be complex. If you or someone you love was seriously injured in a roadway accident, O’Donnell Law Offices can help you understand your rights and determine whether you may have a claim.

Contact O’Donnell Law Offices today for a free consultation. There is never a fee unless we win.

The post State Immunity Faces Novel Facts first appeared on O'Donnell Law.

Americans Are Scrambling for Health Insurance Alternatives

O'Donnell Law Offices — Mon, 15 Jun 2026 14:16:12 +0000

Written by Connor Graham and Neil T. O’Donnell

With healthcare expenses rising, many Americans are opting for alternatives for traditional health insurance.

Direct Primary-Care Practices

David Contorno recently told his story to the Wall Street Journal.¹ Foregoing insurance, he pays a monthly membership fee for direct primary-care practices. Among these are: constant access to a primary-care doctor, discounts on prescriptions, and access to coupons. By paying for this service, Contorno gets unlimited visits and off-hours support.

Cash-Pay Healthcare Options

Others opt for a simple cash-pay strategy. Such individuals search for health providers that list cash prices in their area. Not many cash prices are available, but a quick phone call can provide a quote on specific prices for services. Certain websites serve as bona-fide digital malls for cash-price vendors, such as UberDoc, RadiologyAssist, and Green Imaging.

Still, interested individuals should be cautioned that the listed prices may not reflect the actual figures. Healthcare providers are only required to offer a “good faith estimate.”

Help With Hospital Bills

Things get trickier for services you have to pay for after-the-fact, like the ER. A nonprofit like Dollar For can help. Dollar For offers services to help individuals get through the payment process, and often helps lower the bill to boot.²

Non-profit hospitals should have avenues for financial assistance, the problem lay only in the time and paperwork to get there.

Healthcare Alternatives Can Be Lifelines

These are just a few examples, but such offerings are lifelines to people in need.

Sources

¹ Anna Wilde Mathews, They Chose to Go Without Health Insurance, The Wall Street Journal, April 27, 2026.

² On their website, Dollar For asserts that $14 billion of hospital financial assistance is waived every year, and likely unintentionally by the patients.

Injured Because of Medical Negligence?

When medical care falls below the standard patients deserve, the consequences can be life-changing. If you or a loved one suffered harm because of a medical mistake, delayed diagnosis, surgical error, or another form of negligence, O’Donnell Law Offices is here to help you understand your rights.

Our experienced medical malpractice attorneys fight for injured patients and their families throughout Northeastern Pennsylvania. Consultations are always free, and there is never a fee unless we win.

Contact O’Donnell Law Offices today to schedule your free consultation.

The post Americans Are Scrambling for Health Insurance Alternatives first appeared on O'Donnell Law.

Be Careful When Entrusting Dangerous Objects

O'Donnell Law Offices — Thu, 14 May 2026 18:16:21 +0000

Written by Attorney Neil O’Donnell and Attorney Connor Graham

You should be careful when entrusting dangerous instruments to another individual. A wrong choice could land you with serious consequences.

In Louisiana, Charles Ford is learning this lesson the hard way. When an unnamed woman was admitted to the hospital, she gave Ford, a convicted felon, her gun to hold onto.

Ford decided to hide the gun under the seat of his truck. Days later, he noticed that the gun was missing.

Ford suspected that Shamar Elkins had stolen the gun, particularly as Elkins was one of the few people who knew of the hiding location. Upon confronting Elkins, Ford was taken aback by his abrasive attitude and let the matter drop.

That was the wrong course of action. Elkins would later use that gun to kill eight children. Elkins himself died in a confrontation with police. With the perpetrator dead, the prosecutor’s office turned its full attention to Ford. He now faces up to 15 years in federal prison for firearm possession as a felon and up to 5 years on a false statement charge.

What Is Negligent Entrustment?

This story is a striking example of negligent entrustment, at least under Pennsylvania law. Ford was wrong for letting Elkins keep the gun, and the woman may have been wrong in giving Ford the gun to begin with.

In Pennsylvania, an entrustor may be liable for entrusting an instrumentality if:

The entrustor knew or should have known that the entrusted individual was likely to use the instrumentality in an unreasonable manner; and
The entrusted individual was actually negligent in their actions when using the instrumentality.

When Negligence Becomes Recklessness

Negligence can rise to recklessness where there was bad motive, or where the entrustor knew or should have known of a strong possibility that harm would result from the entrustment.

A finding of recklessness may lead to additional damages being imposed on the liable defendant or defendants.

Negligent Entrustment Is Not Limited to Firearms

Negligent or reckless entrustment is not limited to guns. In fact, these cases often involve motor vehicles.

Entrusting a vehicle to a dangerous, reckless, or unqualified driver may expose you to liability if that person causes a motor vehicle collision.

The moral of the story is simple: exercise caution when lending dangerous items, vehicles, or other potentially harmful instruments to others.

Sources

Makenzie Boucher and Amanda Lee Myers, “Man charged with supplying gun used in Louisiana shooting,” USA Today, April 23, 2026.
Phillips v. Lock, 86 A.3d 906, 913 (Pa. Super. 2014).
Archibald v. Kemble, 971 A.2d 513, 517 (Pa. Super. 2009).

Injured Because of Someone Else’s Negligence?

If you or someone you love has been injured because of another person’s careless or reckless actions, O’Donnell Law Offices is here to help. Our team has spent decades fighting for injured individuals and families throughout Northeastern Pennsylvania.

Consultations are always free, and you never pay a fee unless we win.

Contact O’Donnell Law Offices

The post Be Careful When Entrusting Dangerous Objects first appeared on O'Donnell Law.

Internet Romance Scams: Love Is Blind

O'Donnell Law Offices — Wed, 11 Mar 2026 00:05:49 +0000

By Neil O’Donnell

Fraudsters have existed since time immemorial. One of the more recent time-tested forms of this deceit are romance scams. The scammer tricks the victim into surrendering their affection, and, over prolonged periods of time, uses that endearment to obtain money through false pretenses. These scams have been occurring for centuries, but the advent of the internet, and recently artificial intelligence, have made their stories more compelling. In a recent case, a Michigan man lost $3,000 to someone impersonating Jennifer Aniston.¹

Such events are not one-off occurrences, but part of an underground multi-billion dollar industry. Scam centers from countries such as India and Columbia hire employees, sometimes human trafficking victims, to carry out various aspects of the often prolonged scam. The industry obtained an estimated $1.16 billion within nine months in 2025 alone. Oftentimes these companies will lure victims through text or phone calls to build rapport. Once the relationship is established, they create a persona through actors or generative AI and trick victims so that they fall in love.

The scammer will begin to collect money once the connection is established. Up until recently this was done by having the victim send numerous gift cards, but companies have recently enacted increased protection to combat this method. Fraudsters compensate by having the victim learn how to transfer cryptocurrency, or they may resort to plain-old credit card theft.

How to Protect Yourself from Internet Romance Scams

Some important information to protect yourself. Scammers will eye potential victims of all ages, young or old, so long as there is money to steal. Be wary of unknown online presences which personally contact you and ask for your financial aid. Be wary if the individual says they cannot meet in person. Never send money to people you only communicate to through the internet or messaging services. Lastly, be careful of what information about yourself you post online because scammers use these intimate details to find their targets.

Footnote

¹ Mark Twain, Chapters From my Autobiography – IX, 184 The North American Review 1, 12 (January, 1907).

About the Author

Neil T. O’Donnell is an attorney at O’Donnell Law Offices with decades of experience representing individuals and families throughout Northeastern Pennsylvania. Throughout his career, Neil has built a reputation for strong advocacy and a commitment to helping people navigate complex legal issues.

At O’Donnell Law Offices, he focuses on protecting the rights of individuals who have been harmed by the negligence or misconduct of others. Neil and the team at the firm are dedicated to providing thoughtful legal guidance and pursuing the best possible outcomes for their clients.

The post Internet Romance Scams: Love Is Blind first appeared on O'Donnell Law.

How is AI Impacting the Insurance Industry?

O'Donnell Law Offices — Mon, 02 Mar 2026 00:40:06 +0000

Authors: Attorney Neil O'Donnell and Attorney Connor Graham

How Artificial Intelligence Is Transforming the Health Insurance Industry

The health insurance industry has been integrating AI into their processing systems. Debate has begun on how to regulate it. While the ultimate effects on society remain nebulous, AI has proven to be transformative in certain fields. One of the most affected areas is data processing. The AI is capable of analyzing through thousands of pages of documents in a fraction of the time a human would take. Its outputs can flag important information missing from documents, and flag the important documents or information amidst hundreds of thousands of words. Health insurance companies have begun to move with gusto to take advantage of these perceived benefits.

Use of AI in Utilization Review, Prior Authorization, and Claims Processing

Many health insurers use AI in utilization review to determine whether coverage is applicable in a given case. Utilization review involves: Prior authorization (Physician preapproval of health procedures), concurrent review (assessing whether current health procedures are warranted), and decisions about claims for prior services rendered.¹ Other AI use cases involve fraud detection and risk adjustment.² In total, the National Association of Insurance Commissioners believes that 84% of health insurers use AI, or some form of machine learning, across their product lines.³

Public Trust Concerns Surrounding Artificial Intelligence in Health Care

The move to AI is not without issues, and chief among them is public trust. A recent survey found that roughly two-thirds of adults reported low trust in the health care system to responsibly utilize AI.⁴ For general trust in the health care system, that survey sample had a mean trust of 5.38 out of 12.⁵ A recent Fox poll finding 63% of votes are “very” or “extremely” concerned about AI, including majorities across the political spectrum.⁶

Legislative and Regulatory Scrutiny of AI in Health Insurance

Lawmakers in the House Ways and Means Committee summoned various health insurer executives to address affordability back in January. In that meeting, insurer executives were adamant that AI is not used in the claim denial process. Still, they were forthcoming when it came to AI use in the prior authorization process, which one executive described as having “friction.” These statements come as multiple states enact legislation restricting use of AI in health insurance, including California and Texas.⁷

Rhode Island, for example, is attempting to pass a bill restricting AI use in coverage denials. That bill failed to pass last year, with one Democratic State senator stating that insurers formed “tremendous opposition” to regulation targeting prior authorization and identifying intermediaries such as private insurers or pharmacy benefit managers. A renewed push for that bill is expected this year.

Federal Executive Orders and the Future of State AI Regulation

Under this umbrella of uncertainty, the Trump administration is issuing executive orders that restrict federal funding for any state that enacts “excessive” state regulation of AI. The constitutionality of that order notwithstanding, it shows a desire in higher echelons of government to curtail state regulation of the burgeoning AI sector.

Footnotes

¹Michelle M. Mello, et al., The AI Arms Race In Health Insurance Utilization Review: Promises of Efficiency and Risks of Supercharged Flaws, 45 Health Affairs 1, 6-13 (2026).

²National Association of Insurance Commissioners, Health insurance artificial intelligence/machine learning survey results, Kansas City (MO): NAIC; c 2025 [accessed Feb. 27, 2026]. Available from: https://content.naic.org/sites/default/files/inline-files/NAIC%20AI%20Health%20Survey%20Report%20.pdf .

³Id.

⁴Paige Nong, PhD; Jodyn Platt, PhD, Patients’ Trust in Health Care Systems to Use Artificial Intelligence, 8 JAMA Network Open 2, e2460628 (2025).

⁵Id.

⁶Darius Tahir and Lauren Sausser, Should AI weigh in on your insurance?, The New York Times, (Feb. 24, 2026), at 2.

⁷Id.

About O'Donnell Law Offices

O'Donnell Law Offices has served individuals and families throughout Northeastern Pennsylvania for over 35 years. With offices in Wilkes-Barre and Scranton, the firm focuses on personal injury, workers’ compensation, and disability claims, advocating for clients facing serious injuries, workplace accidents, and complex insurance disputes. Led by experienced trial attorneys, the firm is committed to protecting the rights of injured Pennsylvanians and helping clients secure the compensation and benefits they deserve.

If you have questions about your rights or need legal guidance, contact O'Donnell Law Offices today to schedule a consultation. Call 570-821-5717 or visit our contact page to get started.

The post How is AI Impacting the Insurance Industry? first appeared on O'Donnell Law.

Winter Slip and Fall Accidents in Wilkes-Barre

JPerry — Tue, 16 Dec 2025 00:17:37 +0000

Winter weather in Northeastern Pennsylvania often means slippery surfaces— on sidewalks, parking lots, entryways, and store aisles. Even when you’re being careful, one patch of ice or a wet, slick floor can lead to a serious fall. If you’re injured on someone else’s property, it helps to understand what steps to take and how Pennsylvania law generally evaluates winter slip-and-fall cases.

Winter Slip and Fall Accidents: Why Your Next Steps Matter

After a fall, your first instinct may be to seek medical attention. That is often the right decision. But injuries can lead to unexpected bills and missed time at work. In many cases, property owners or their insurers may deny responsibility. Knowing what to do early can help protect both your health and your potential claim.

Premises Liability Basics in Pennsylvania

Slip and fall cases commonly involve premises liability, which focuses on what duties a property owner (or possessor of land) owes to people on the premises. In Pennsylvania, your legal status on the property can affect the duty owed to you. Generally, a person on someone else’s property falls into one of these categories:

Business invitee (example: shopping at a store)
Social licensee (example: invited guest at a friend’s home)
Expected trespasser
Unknown trespasser

Most commercial winter slip-and-fall claims involve business invitees, because shoppers are on the property for business purposes.

The Duty Owed to Invitees and Licensees

Both invitees and licensees are generally owed a duty to:

Make reasonable inspections of the property, and
Warn of known hazards.

However, an important difference is that a property owner typically owes an invitee an additional duty to reasonably correct (rectify) dangerous conditions. The law may not impose that same correction obligation in the same way for a licensee.

Winter Weather and the “Hills and Ridges” Doctrine

Winter conditions create a real-world challenge: even after a property is cleared, snow and ice can return quickly—especially during an ongoing storm. Pennsylvania courts address this through what is commonly called the “hills and ridges” doctrine.

In many winter slip-and-fall claims involving general snowy or icy conditions, a shopper typically must show:

The accumulation of snow or ice was large enough to pose an unreasonable danger to pedestrians;
The property owner had actual or constructive notice of the condition; and
The dangerous accumulation caused the fall.

Practically speaking, property owners are often given a reasonable period of time to address winter conditions. While every case is fact-specific, this “grace period” is sometimes described as several hours or overnight, depending on the circumstances.

Important Exceptions

There are also notable situations where “hills and ridges” may not apply, including:

Snow/ice from an awning or overhang that creates a hazard in a particular spot; and
Localized patches of ice rather than generally icy conditions.

Where the fall happened—and what the surface looked like—can be critical.

What to Do After a Winter Slip and Fall

If you’re injured in a winter slip and fall, consider taking these steps as soon as you reasonably can:

Get medical care and follow your provider’s recommendations.
Document the scene with photos or video. Try to capture the wider area and the specific hazard in the same frame.
Report the incident to the property owner or manager and note the date/time.
Identify witnesses and get names/contact information if possible.
Preserve records such as medical bills, discharge papers, and any written communications.
Be cautious with recorded statements. If you’re asked to give one, it may be best to speak with an attorney first.

Talk With a Pennsylvania Slip and Fall Attorney

A winter fall can be painful, stressful, and disruptive. If you were injured on someone else’s property in Wilkes-Barre, Scranton, or anywhere in Northeastern Pennsylvania, the team at O’Donnell Law Offices can help you understand your options and navigate this complex area of the law.

Contact O’Donnell Law Offices to discuss your situation and next steps.

About the Author

This article was written by Attorney Joshua Perry, with contributions from Connor Graham.

Joshua Perry is a personal injury attorney at O’Donnell Law Offices serving clients throughout Northeastern Pennsylvania. Before entering the legal profession, Josh worked as a registered nurse, giving him a unique perspective on injury cases and a deep understanding of medical records, treatment, and long-term patient impact. He regularly handles slip and fall claims, premises liability matters, and other personal injury cases, helping injured individuals navigate complex legal and medical issues.

Learn more about Attorney Joshua Perry →

References

The following Pennsylvania cases provide general legal context for the principles discussed above:

Morin v. Traveler’s Rest Motel, Inc., 704 A.2d 1085 (Pa. Super. Ct. 1997), available here .
Heasley v. Carter Lumber, 843 A.2d 1274 (Pa. Super. Ct. 2004), available here .
Williams v. Shultz, 240 A.2d 812 (Pa. 1968), available here .

Note: Case law is cited for general informational purposes only. Legal outcomes depend on the specific facts and circumstances of each case.

The post Winter Slip and Fall Accidents in Wilkes-Barre first appeared on O'Donnell Law.

Are there workers’ compensation deadlines in Wilkes-Barre?

Michael O'Donnell — Sun, 07 Dec 2025 22:50:02 +0000

Don’t Wait on Your Workers’ Comp Claim: Why Timing Matters for Injured Workers in Wilkes-Barre, PA

When you’re hurt on the job, the last thing you want to worry about is paperwork or legal deadlines. But in Pennsylvania—especially for workers in Wilkes-Barre and across Luzerne County—timing can make all the difference in whether you receive the benefits you deserve.

Workers’ compensation cases are strictly enforced, and deadlines often land quietly. Many injured workers don’t realize they’re running out of time until it’s too late. Understanding these time limits is essential to protecting your rights.

At O’Donnell Law Offices, our Workers’ Compensation team—including certified specialists—helps Wilkes-Barre workers navigate these deadlines every day. Here’s what you need to know.

Why Workers’ Compensation Deadlines Matter in Pennsylvania

Pennsylvania law sets strict timelines for reporting workplace injuries and filing claims. Missing a deadline can prevent you from receiving wage-loss benefits, medical coverage, and other protections you may be entitled to.

1. You Must Report a Work Injury Quickly

In Pennsylvania, you typically have 120 days to report a work-related injury to your employer. Many workers put this off hoping they’ll recover—but delaying can jeopardize your claim.

However, unless the employer has knowledge of the injury—or the employee gives notice of the injury within 21 days—no compensation is owed until notice is given.

For workers in industries common around Wilkes-Barre—such as healthcare, manufacturing, logistics, and construction—slow-building injuries are common. Back injuries, repetitive-motion injuries, and strain-related conditions often worsen over time, and workers sometimes wait too long to notify their employer.

2. Filing a Claim Petition Has a Deadline

If your employer or insurer denies your claim or refuses to pay benefits, you usually have three years from the date of injury to file a formal Claim Petition. That clock doesn’t pause for holidays, slow HR departments, or ongoing treatment.

This deadline can easily fall near the end of the year if your injury occurred in November or December of a prior year.

3. Appeal Deadlines Are Even Shorter

If you received a denial letter or a notice modifying, suspending, or terminating your benefits, you may have as little as 20 or 30 days to challenge the decision.

Appeal windows often overlap with:

scheduled days off or office/facility closures
year-end staffing shortages
delayed mail delivery
workers simply trying to get through the season

That’s why so many people unintentionally miss their opportunity to respond.

Attorney Michael O’Donnell explains it this way:

“We see too many hardworking people lose their workers’ compensation rights simply because they waited too long to get help. The deadlines in Pennsylvania are unforgiving. The sooner we can step in, the better we can protect the benefits you’re entitled to.”

- Attorney Michael O'Donnell

How Our Wilkes-Barre Workers’ Compensation Team Helps

O’Donnell Law Offices is proud to represent workers throughout Wilkes-Barre, Plains, Hanover Township, Kingston, and the entire Wyoming Valley. Our Workers’ Compensation team includes two certified specialists—Attorneys Neil O’Donnell and Michael O’Donnell. Their combined experience allows us to provide knowledgeable, strategic guidance to injured workers facing complex or time-sensitive claims.

We help injured workers by:

Ensuring the injury is properly documented and reported
Challenging denied or delayed claims
Securing medical benefits and wage-loss payments
Handling appeals when insurers try to stop or reduce benefits
Guiding clients through every step of the workers’ comp system

And at O’Donnell Law Offices, there is never a cost until we win your case.

If You Were Hurt at Work in Wilkes-Barre, Don’t Wait

Whether your injury happened yesterday—or months ago—acting quickly is the best way to protect your claim. If your workers’ compensation case is approaching a deadline, even a few days can matter.

Our team is here to help you understand your rights, review your situation, and give you a clear path forward.

Contact O’Donnell Law Offices today for a free consultation.
We proudly serve Wilkes-Barre and all surrounding communities in Luzerne County.

Recent Workers' Compensation News

By Connor Graham and Neil T. O’Donnell Understanding Sovereign Immunity...

Authors: Attorney Neil T. O’Donnell and Attorney Connor Graham Sports...

By Neil T. O’Donnell and Connor Graham Supreme Court Decision...

Written by Connor Graham and Neil T. O’Donnell With healthcare...

The post Are there workers’ compensation deadlines in Wilkes-Barre? first appeared on O'Donnell Law.

Tesla’s Self-Driving Technology Under Probe After 58 Incidents

O'Donnell Law Offices — Tue, 14 Oct 2025 23:52:42 +0000

Written By Attorney Neil T. O’Donnell

The National Highway Safety Administration, in a filing dated Tuesday, October 7, 2025, reported 58 incidents of Tesla autonomous vehicles violating traffic safety laws while in full self-driving mode. Many of the Tesla drivers stated that car gave no warning about unexpected behaviors.

In August, 2025, a Miami jury found Tesla partly responsible for a deadly 2019 crash in Florida while in “auto pilot driver assist” mode (which is different than full self-driving). The jury verdict was in the amount of $240 million.

This new investigation covers 2.8 million vehicles

Essentially all Teslas equipped with Full Self-Driving technology (“FSD”). This investigation follows other probes into the FSD features on Teslas which has been blamed for several injuries and deaths. Tesla has repeatedly stated that the system cannot drive itself and human drivers must be ready to intervene at all times.

Tesla is also under investigation by the National Highway Transportation Safety Agency (NHTSA) for its “summon technology” that allows drivers to tell their cars to drive to their locations to pick them up – a feature that has reportedly led to parking lot collisions.

There are particular problems in low visibility conditions – including one case in which a pedestrian was killed.

Tesla is under pressure to demonstrate it has corrected these defects. In the meantime, Tesla promises to put hundreds of thousands of self-driving Tesla cars and Tesla robo-taxis on roads by the end of 2026.

As technology continues to evolve, so do the legal questions surrounding responsibility, safety, and accountability. If you or someone you love has been injured in a crash involving a self-driving or autonomous vehicle, it’s important to speak with an experienced attorney who understands both the law and the technology behind these cases. The team at O’Donnell Law Offices has decades of experience representing accident victims throughout Wilkes-Barre, Scranton, and Northeastern Pennsylvania. We fight to hold negligent drivers and manufacturers accountable and to secure the justice and compensation our clients deserve. Contact O’Donnell Law Offices today for a free consultation.

The post Tesla’s Self-Driving Technology Under Probe After 58 Incidents first appeared on O'Donnell Law.

Sexual Exploitation Attorneys in Wilkes-Barre, PA | O’Donnell Law Offices

O'Donnell Law Offices — Fri, 10 Oct 2025 16:22:41 +0000

Justice for Victims of Sexual Exploitation in Wilkes-Barre

Sexual exploitation and abuse are among the most devastating violations a person can endure. Survivors face not only emotional trauma but also lasting financial and social consequences. At O’Donnell Law Offices, we’ve spent decades helping victims of sexual exploitation in Wilkes-Barre, Scranton, and throughout Northeastern Pennsylvania find justice and begin the process of healing.

Standing Up for Survivors

If you or someone you love has experienced sexual exploitation—at school, in the workplace, or in a religious or community setting—you are not alone. Survivors often carry anger, shame, or grief that can feel overwhelming. Filing a civil claim is one way to take back control. It can provide financial compensation for trauma therapy, medical bills, and lost wages, but more importantly, it can offer accountability and closure.

“For victims of sexual exploitation, the formula for justice is to bring the institution forward and shine a light on exactly what’s happened. We’ve done that in a number of cases. Often, when the truth comes out, other victims find the courage to step forward. It’s an opportunity to be heard—and to begin rebuilding a sense of self.”

Attorney Neil O'Donnell

Civil vs. Criminal Cases: Understanding Your Legal Options

In Pennsylvania, survivors have two main legal avenues: criminal prosecution and civil litigation.

Criminal cases are filed by the state and seek punishment for the perpetrator.
Civil cases are filed by survivors themselves and seek financial damages from those responsible.

Importantly, the burden of proof in a civil case is lower than in a criminal one—meaning survivors may achieve justice even if criminal charges aren’t pursued or fail to result in conviction.

Pennsylvania’s Statute of Limitations for Sexual Abuse Cases

The timeframe to file a claim depends on the nature of the abuse:

Workplace sexual abuse: generally two years from the date of the incident.
Child sexual abuse: survivors can file until age 30 for civil claims and until age 50 for criminal prosecution.

If you believe your case may fall within these limits, it’s important to speak with an attorney as soon as possible. Waiting too long can mean losing your right to pursue justice altogether.

Pennsylvania’s Statute of Limitations for Sexual Abuse Cases

Institutions—whether schools, churches, or employers—have a duty to protect those in their care. When they fail, they must be held responsible. Recently, Attorney Neil O’Donnell represented four plaintiffs in high-profile sexual abuse cases against the Pittston Area School District, involving former band director.
This case is one of several where O’Donnell Law Offices has fought to expose institutional negligence and secure compensation for survivors.

January 17, 2023

Pittston Area settles sex abuse cases with no public dollars

Attorney Neil O’Donnell secured settlements for four victims of former Pittston Area band director Brendan J. Carter, with all costs covered by insurance. Carter, sentenced in 2021 for abusing nine boys, worked in what experts called a “sexualized culture” within the district’s band program.

November 27, 2021

School district, ex-band director named in civil suit

Attorney Neil O’Donnell and O’Donnell Law Offices filed a sixth civil lawsuit against the Pittston Area School District, alleging it failed to act after learning former band director Brendan J. Carter had sexual desires for children.

Independent Survivors’ Compensation Program

Survivors of past clergy abuse may also be eligible for compensation through independent programs established by Pennsylvania dioceses. However, accepting compensation through these programs typically waives the right to pursue a civil lawsuit later. Before making any decision, we strongly recommend discussing your options with an experienced attorney who can explain the long-term implications.

Independent Survivors’ Compensation Program

At O’Donnell Law Offices, we understand that coming forward is not easy. We take every case with compassion, discretion, and unwavering commitment to justice. Survivors deserve to be heard—and to see accountability for those who abused their power.
If you’ve been a victim of sexual exploitation or abuse in Wilkes-Barre, Pittston, Scranton, or the surrounding area, contact us today for a free, confidential consultation.

Call (570) 821-5717 or contact us online. You are not alone. We will stand with you every step of the way.

The post Sexual Exploitation Attorneys in Wilkes-Barre, PA | O’Donnell Law Offices first appeared on O'Donnell Law.

Protecting Workers This Fall: Understanding Common Autumn Workplace Injuries

O'Donnell Law Offices — Wed, 24 Sep 2025 12:55:35 +0000

As the seasons change, so do the risks faced by employees in Pennsylvania and beyond. Autumn brings shorter days, cooler weather, and new work-related challenges that can lead to injuries on the job. At O’Donnell Law Offices, we help injured workers understand their rights and secure the benefits they deserve under workers’ compensation law.

Why Autumn Brings Unique Workplace Risks

Workers across Wilkes-Barre, Hazleton, Kingston, and other Luzerne County communities face specific hazards this time of year:

Slippery Surfaces: Wet leaves, early frost, and rain can make walkways, job sites, and loading docks hazardous.
Outdoor Maintenance & Construction: Seasonal tasks like roofing, gutter cleaning, and landscaping increase the risk of ladder falls and lifting injuries.
Warehouse & Retail Surges: Autumn kicks off peak retail season, with stocking and shipping demands that often lead to back injuries, repetitive strain, and accidents involving equipment.
Delivery & Transportation: With more packages moving and daylight hours decreasing, delivery drivers and truckers in NEPA face greater risks of accidents and fall-related injuries.

Your Rights Under Workers’ Compensation

If you’re hurt at work in Luzerne County or anywhere in Pennsylvania, O’Donnell Law Offices can help you pursue the benefits you may be entitled to, including:

Medical treatment and rehabilitation coverage
Wage-loss benefits if you’re unable to work
Compensation for permanent injuries
Compensation for disfigurement/scarring, lost use, or amputation caused by a work injury.

Unfortunately, workers often run into challenges when filing a claim — from denied benefits to pressure to return to work too soon. That’s where having a workers’ compensation attorney can make all the difference.

Attorney Michael O’Donnell’s Perspective

Attorney Michael O’Donnell is a Certified Workers’ Compensation Specialist — one of fewer than 250 attorneys in the entire Commonwealth of Pennsylvania to achieve this specialty certification. His expertise in this area gives clients the reassurance that their case is being handled with the highest level of skill and dedication.

With back-to-school season upon us and the holiday season fast approaching, we are all quickly adjusting to life’s ever-evolving demands. This necessarily includes our often unsung heroes working in the warehousing, packaging, and delivery industries. Without these dedicated folks our online orders would not arrive [daily] and we’d be forced to return to 100% in-person retail shopping (terrifying, I know). Increasing demands from consumers and employers require workers to put in longer hours, meet heightened performance quotas, and put themselves at greater risk for injury. Listening to our bodies and promptly reporting/seeking necessary medical care after an on-the-job injury is not just a good idea, it is a requirement under Pennsylvania’s Workers’ Compensation laws.

- Attorney Michael O'Donnell

What Should I Do if I've Been Injured at Work?

How O’Donnell Law Offices Can Help

For more than 35 years, our firm has stood beside hardworking people in Northeastern Pennsylvania. Whether you slipped on the job, suffered a lifting injury, or were hurt in a vehicle accident while working, we’re here to fight for the benefits you need to recover and move forward.
If you’ve been injured this fall, don’t wait. Contact O’Donnell Law Offices today for a free consultation.

The post Protecting Workers This Fall: Understanding Common Autumn Workplace Injuries first appeared on O'Donnell Law.