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Litigation Questions |
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| Question: |
What do I
do if I believe that it may be necessary to
bring a lawsuit? |
| Answer: |
Arranging to meet with an
attorney is the appropriate first step. He or
she will meet with you in order to obtain and
review all written and verbal information to
determine whether a lawsuit is appropriate. Our
attorneys will evaluate and make recommendations
as to whether it makes sense to attempt
resolution of your problem through discussions
with your potential opposing litigant before a
lawsuit is filed or if you could reasonably
bring your lawsuit without the need for a
lawyer. |
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| Question: |
What
information will be provided by an attorney
regarding how the lawsuit may progress? |
| Answer: |
An attorney will be able to
provide general information about a lawsuit,
including an estimate of how long the lawsuit
may take until a resolution; the costs
associated with the case; a written fee
agreement; what your involvement in the care
will be; and information on communications that
you may expect from the lawyer. |
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| Question: |
What
should I do if a lawsuit is filed against me? |
| Answer: |
Advise your attorney and
insurance agent immediately. Many lawsuits will
be handled by your automobile or homeowner’s
insurance carrier. If the allegations fall under
the coverages provided, the insurance carrier
will select and pay for a lawyer on your behalf.
By reporting a lawsuit immediately to your
attorney, he or she can protect your interests
so that no action is taken against you during
the limited period of time that you may have to
respond to the lawsuit. |
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| Question: |
What if I
have no insurance coverages or my insurance
carrier advises that my insurance will not
provide coverage for the lawsuit against me? |
| Answer: |
The case will be fully analyzed
and discussed with you with the same
considerations as set forth in question 1 and 2
of this writing. |
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| Question: |
Can you
help me with any type of litigation? |
| Answer: |
While we handle most types of litigation,
these are certain specialty areas of law that we
do not handle, such as patent, trademark,
copyright, and tax cases. In most instances, we
will be able to suggest attorneys, who involve
themselves in these specialty areas of the law. |
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| Question: |
Are your litigation
attorneys experienced? |
| Answer: |
Yes, the average practice experience for
senior attorneys in our litigation team is in
excess of 25 years. |
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| Question: |
Do you handle
litigation outside of Berks County? |
| Answer: |
Yes, we regularly handle cases throughout
Central, Eastern and Northeastern Pennsylvania
including Berks County, Philadelphia County,
Delaware County, Montgomery County, Bucks
County, Chester County, Monroe County, Luzerne
County, Lackawanna County, Carbon County,
Schuylkill County, Lehigh County, Northampton
County, Lebanon County, Dauphin County,
Lancaster County, York County, Adams County,
Cumberland County, and Federal Courts in
Reading, Philadelphia, Harrisburg, Scranton,
Williamsport and the Lehigh Valley. |
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| Question: |
What is a statute of limitations? |
| Answer: |
A statute of limitations is a device that
requires you to file a lawsuit in a limited
period of time. You may lose your right to sue
if you do not comply with a statute of
limitations. A statute of limitations may vary
depending on the type of claim you wish to
bring. For example, in most cases you only have
two years to bring a personal injury claim.
However, there is usually a four-year statute of
limitations for most contract claims. |
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| Question: |
How do I file a lawsuit? |
| Answer: |
A lawsuit is typically started by the filing
of a complaint, which sets forth an individual’s
reasons for bringing the suit and the relief
that is being sought. A lawsuit may also be
started by the filing of a writ of summons, but,
even in such a case, a complaint must eventually
be filed. Under most circumstances, if an
individual’s claim is less than $8,000.00, the
suit must be filed with a magisterial district
judge. If the claim is over $8,000.00, the
lawsuit is filed in a court of common pleas.
You should be aware of the claim limit that
applies to the jurisdiction in which you are
filing the lawsuit because the limits are not
the same for all jurisdictions. |
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| Question: |
What are the Courts in Pennsylvania and What Do They Do? |
| Answer: |
Pennsylvania’s court system consists of the
Pennsylvania Supreme Court, the Superior Court,
the Commonwealth Court, the Courts of Common
Pleas, and “special courts.” The special courts
are the Magisterial District Courts,
Philadelphia Municipal Court, Philadelphia
Traffic Court, and the Pittsburgh Magistrates
Court.
The organization and hierarchical structure of
these courts is best illustrated as follows:
Supreme Court
Superior Court
Commonwealth Court
Court of Common Pleas
Magisterial District Courts
Philadelphia Municipal Court
Philadelphia Traffic Court
Pittsburgh Magistrates Court
Each of these courts hears specific types of cases and matters. This is
referred to as “subject matter jurisdiction,”
which can be extremely complicated. In general,
however, the special courts hear less serious
civil cases and criminal cases, such as traffic
violation cases. In addition, the magisterial
district judges conduct hearings referred to as
“preliminary hearings” to determine whether
there is enough evidence in more serious
criminal cases to proceed in the Courts of
Common Pleas. In civil matters, magisterial
district judges hear cases where the amount in
controversy is $8,000.00 or less.
Most counties in Pennsylvania have a Court of
Common Pleas, although some rural counties share
a single judge. The Courts of Common Pleas hear
major criminal cases and hear civil cases where
the amount in controversy is more than
$8,000.00. They also hear certain appeals from
the special courts in civil, criminal, and
traffic matters, and also appeals from decisions
by the governing bodies of municipalities in
zoning and subdivision cases. Additionally, the
Courts of Common Pleas hear cases involving
children and families, including divorce cases,
adoption cases, custody matters and support
matters. They also hear estate and probate
matters. Except for murder cases in which the
death penalty has been imposed, the Superior
Court and the Commonwealth Court hear appeals
from decisions of the Courts of Common Pleas.
Again, the jurisdiction of all Pennsylvania
Courts is very specific and can be very complex,
but in general, the Superior Court hears appeals
in criminal cases and civil appeals, except in
cases where the Commonwealth is a party. The
Superior Court also hears appeals from the
Courts of Common Pleas in cases involving
children and families, such as divorce cases,
adoption cases, child support, and spousal
support. The Commonwealth Court, while generally
considered to be an appellate court, also hears
original jurisdiction cases, which include suits
brought by and against the Commonwealth and
local agencies of the Commonwealth. (Original
jurisdiction cases are filed in the Commonwealth
Court in the first instance) The Commonwealth
Court’s original jurisdiction also includes
election cases. As an appellate court, the
Commonwealth Court hears appeals from decisions
from the Courts of Common Pleas involving the
Commonwealth and local agencies, as well as
direct appeals from the decisions of certain
state agencies, including unemployment
compensation and workers’ compensation appeals.
The Commonwealth Court is a relatively new
court, which was created by the Pennsylvania
Constitution of 1968. By contrast, the Superior
Court was established by the General Assembly in
1895.
The Pennsylvania Supreme Court is the state’s
highest court, both judicially and
administratively. In legal matters, it is the
court of last resort. The Pennsylvania Supreme
Court hears appeals from the Superior and
Commonwealth Courts by allowance. This means
that the Pennsylvania Supreme Court, like the
United States Supreme Court, exercises its
discretion in either accepting or rejecting
appeals from the Superior Court and the
Commonwealth Court. The Supreme Court also hears
certain direct appeals from the Courts of Common
Pleas which are specified by statute, including
all death penalty cases and direct appeals from
decisions of the Commonwealth Court in its
original jurisdiction. In administrative
matters, the Supreme Court has supervisory
authority over all of the other courts of the
state. |
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