A Civil Action Complaint is filed by an attorney on your behalf either in a County Court having jurisdiction (these are called Court of Common Pleas in Pennsylvania) or in Federal Court if the Defendant is a resident of another state and you choose to file in Federal Court. You become the "Plaintiff" in the case. The Complaint is "served" on the Defendant (the at-fault person who caused the incident) according to the Rules of Procedure. The Defendant's insurance carrier then assigns it to their counsel who typically files an Answer to the Complaint. The Answer is a procedural document admitting or denying the paragraphs contained in your Complaint. The lawyers for each side typically begin gathering facts through exchange of documents, written questions (interrogatories) and depositions (questions that are asked in person and answered under oath). This process is called discovery. After depositions, the insurance carrier typically sends you for a medical exam with their doctor. Once discovery is completed, the case gets listed for either jury trial or arbitration (arbitration is in front of a panel of three arbitrators appointed by the court). The jury or the arbitrators enter a verdict. It is possible for both sides to negotiate and enter into a settlement at any point. Usually, if a settlement does occur, it happens at some point after depositions are done.
If you have any questions, or would like more information, feel free to contact us.
Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com