Suppose you are injured in a car accident and you retain me as your lawyer. The insurance company is not offering what we believe to be a fair settlement, so we file your lawsuit. What happens next? When we sue someone, we either file an arbitration case or the lawsuit can be filed as a jury trial case. A personal injury attorney can advise you on the best avenue for your lawsuit.
The Arbitration system in Pennsylvania
The arbitration system is designed for smaller lawsuits—those with a value of less than $25,000 in many counties in Pennsylvania. The arbitration system is a streamlined system designed to get your lawsuit resolved in a shorter period of time. The discovery process— the exchange of information between parties to a lawsuit—is limited in order to reduce the time it takes to get your lawsuit resolved. In addition, the rules of evidence are simplified to reduce the cost of pursuing your lawsuit. The case is tried before lawyers who act as judge and jury in your case, which limits the amount of time you spend in court
The arbitration system in Beaver County is very efficient and will get your lawsuit resolved in a reasonable amount of time. The arbitration system in Allegheny County is also extremely efficient. When you file your lawsuit in Pittsburgh, you get a date for your hearing at that time. Other counties in western Pennsylvania also have similar arbitration systems designed to get your lawsuit completed in a reasonable amount of time. There are significant rights of appeal associated with arbitration lawsuits, but in many instances a lawsuit will be resolved through the arbitration court system. The problem with the arbitration system is that the defendant in a case can appeal an award to take the case to a jury trial—and you start all over again with your case.
The Jury system in Pennsylvania
The jury system for accident injury claims is designed for more serious cases. In Beaver and Allegheny counties, all lawsuits with a value greater than $25,000 go through the jury system. Other counties have different levels of value for choosing one system over the other, but currently Beaver and Allegheny counties both have the threshold set at $25,000.
The jury system takes longer in all phases of a lawsuit. Suppose your attorney files a lawsuit on your behalf for your injuries stemming from a car accident and the compensation for your injuries and damages is expected to exceed $25,000. Your lawsuit will go through the jury system. What this means, among other things, is that the opposing lawyer in your case can insist that you answer a lot more written questions than he is allowed to ask in an arbitration case. The insurance company attorney can take your deposition. The insurance company attorney can have a doctor that he chooses examine you to give him an opinion as to the extent of the injuries stemming from your accident. The more involved process of this system means that it will take longer for your case to actually get to trial.
When your lawsuit finally does go to court, the process is much more formal than an arbitration and it therefore takes a lot longer. Meetings may be held between the lawyers and the judge to resolve disputes over evidence and jury instructions. A jury must be selected. Jury selection can take a day or more to complete. You will have to present your own testimony and the testimony of a physician to support your claim of injury. The formal presentation of testimony, with breaks for the jury, will take much longer than the arbitration process does. All of this means that even a straightforward motor vehicle accident trial can take several days.
There are appeal rights for both parties following a jury trial. The rights of appeal are much more limited than they are in an arbitration case but can add a significant amount of time before you see the final resolution of your accident claim. For an injured person, the process can be complicated, time-consuming, and frustrating. The advice and assistance of an injury attorney can therefore be extremely beneficial to a person in this situation. Contact me today to discuss your legal issues.
