Litigation is the legal process that takes place in a courtroom to resolve a dispute in cases involving personal injuries, civil rights, real estate transactions, and more.
If you’re ever involved in a car accident caused by another driver, you might rack up your fair share of medical bills and other costs in the aftermath. For this reason, you may want to consider calling on a personal injury attorney to negotiate with the other driver’s auto insurance company in an attempt to earn a fair settlement. In some cases, an attorney might not be able to work out a settlement, though, and you may have no choice but to file a personal injury lawsuit and use litigation to your advantage.
Not sure what litigation is or how the litigation process works? Continue reading so you can decide if filing a civil case and asking a judge or jury to render a ruling in court is the option you should choose to settle a dispute.
What Is Litigation?
Litigation is the official term for the legal process that’s used when two sides want to take a case to court to settle a dispute. Two main types of litigation exist, including criminal litigation and civil litigation.
Criminal litigation occurs when someone is arrested for committing a crime and prosecuted in a state or federal court. A prosecutor, often a district attorney, will represent the government and present evidence to a judge and/or jury during a trial in an effort to convict someone of a misdemeanor or felony crime.
Civil litigation occurs when a plaintiff is unable to settle a dispute with a defendant, usually over money, outside of a courtroom. Civil litigation tends to take place following car accidents, slip-and-fall accidents, construction accidents, and other incidents of liability. A plaintiff may file a personal injury lawsuit to recover damages so they can pay medical bills, account for lost wages, and cover other accident-related costs.
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What Are the Stages of Litigation?
The litigation process used for both criminal and civil litigation is typically broken down into three main stages. This process plays out like this:
- First stage: The plaintiff in a litigation files a formal complaint against a defendant. This complaint spells out why a plaintiff is taking legal action against a defendant. It also includes a suitable remedy for a situation, such as a defendant agreeing to pay a plaintiff a certain amount of money.
- Second stage: The discovery portion of the litigation process comes next. It involves the plaintiff and defendant in litigation gathering evidence to support their case and sharing it with the other side. This part of the legal process can drag out for weeks and sometimes even months.
- Third stage: The trial phase of litigation is the final part, and it’s the portion of the process that many people think of when they hear the word “litigation.” Both sides involved in a dispute can present their cases in front of a judge and/or jury during a trial before the judge and/or jury hands down a ruling.
How Long Does Litigation Take?
Criminal litigation rarely takes as long as civil litigation. Criminal cases are often over in under a year, with some only lasting for weeks. Civil cases, on the other hand, can drag out over many months and sometimes even years.
The time litigation takes ultimately depends on the circumstances surrounding a case. Some personal injury cases are open and shut cases, while others are filled with so much physical evidence that must be presented and evaluated. It can make these cases very time-consuming.
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When Is Litigation Necessary?
It isn’t difficult to figure out when criminal litigation is necessary. Any time someone is arrested for a crime and a plea deal can’t be reached for one reason or another, they’ll need to go through litigation. This process helps determine what penalties, if any, a person will face for their alleged crime.
Civil litigation, meanwhile, isn’t always necessary. Insurance exists to protect individuals against liability in car accidents, premises liability incidents, and other cases. With the right insurance in place, many at-fault parties can settle disputes without needing to pay damages out of pocket. Their insurance policy covers the compensation the plaintiff is looking for.
When insurance doesn’t adequately cover a victim’s expenses, they may discuss legal action with the at-fault party. Often, these cases settle out of court long before the second stage of litigation. Since litigation can be costly, plaintiffs and defendants alike often attempt to avoid litigation if they can and may strike up a deal or negotiation without involving a judge or jury.
Hiring the right personal injury attorney, such as a reputable car accident lawyer, may enable you to skip litigation and come to a settlement agreement with the defendant in your case instead.
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Is the Judgment Made at the End of Litigation Final?
The judgment handed down by a judge or jury at the end of litigation is final much of the time. However, individuals and businesses will retain the right to file appeals if the process doesn’t go their way in court.
That being said, appeals courts aren’t in place to retry civil cases. They’re merely in charge of analyzing cases to make sure vital mistakes weren’t made during legal proceedings. If an appeals court uncovers mistakes, it could lead to a new trial.
If you are dissatisfied with the outcome of your case, your attorney can help you determine whether filing an appeal makes sense. Sometimes, appealing a case outcome will only waste more time and cost more money with little chance of changing the judgment.
Navigate Litigation Successfully With the Help of Accident Hotline
Accident Hotline is a useful resource for anyone who would like to hire a personal injury lawyer to help them go through the litigation process. We can help you connect with experienced personal injury attorneys in your area who can assist you with a civil case.
Contact us at (844) 343-9609 to discuss your legal needs with an agent.
For a free consultation, call 844-343-9609