The Amount of Money Sought Determines How Long it Takes
Let’s start with the biggest cases. Then, we will look at how the smaller cases can get resolved quicker — in theory — through the courts.
$50,000 or Greater is Sought
In most dog bite cases, our Western PA lawyers seek an amount greater than $50,000 for two reasons. One, the cases tend to be significant. And secondly, in Allegheny County, seeking $50,00 or greater gets your case on the jury trial docket. There, judges take your case seriously. You get a trial date approximately 18 months from the date you file suit. The case can settle at any stage of litigation, however. Also keep in mind, settling a minor’s claim (for a child) requires court approval from the orphan’s court judge.
Does 18 month sound like a long time? Perhaps. Seeking less than $50,000 can put your case on a different — and faster track for trial — but it doesn’t always wrap things up more quickly. Below, we talk about the “lesser” dockets on which you may file your dog bite claim.
Lowest Level Court — $12,000 Or Less
Where the plaintiff seeks $12,000 or less in damages (exclusive of court costs and interest), the case must be filed on the lowest (or small) level docket. There, you get a court date only a month or two after filing suit!
But here’s the problem: any party can appeal small claims court for any reason or no reason at all. Thus, any litigant can cause a retrial of all issues on appeal, which goes to compulsory arbitration (described in the next section). There, you get an arbitration date in only about 3-4 months from the appeal from the lowest level court.
But wait, there’s more!
Any party can appeal the arbitration decision — again for any reason or no reason, to a jury trial, described above. Hence, unfortunately, the “lowest level” cases can — and often do — take the longest, since each one can be appealed to a jury trial.
Cases Up to $50,000
For cases worth more than $12,000 — but less than $50,000 in Allegheny County ($35,000 in Butler and a few other PA counties) — the Plaintiff may file suit directly on the arbitration docket. Upon filing suit, the court schedules a date for the arbitration, which is approximately three to four months later. However, once again, either side may appear for any reason or no reason, and the case goes to the third and final stage: the jury trial docket. As an appeal from arbitration in most Counties, the jury trial will take place in approximately six months from the date of the arbitration appeal.