Litigation, probably a term everyone has heard and knows that it is somewhat related to law. There various kinds of litigations such as commercial litigation and insurance coverage and litigation. But what exactly is litigation? Bet you that no one would be knowing about this unless they cover law or are lawyers themselves. To your surprise, litigation isn’t another name for a lawsuit, but in fact, it is quite different from it.
The term litigation is used to provide a settlement and proceedings between the two opposing parties. In order to avoid dragging everything to the court, people and their litigation attorneys sit and discuss the effective solution and settlement to the entire case. Companies such as Cheung Truslow law it is not compulsory that litigation just settles between the two, but even a jury can decide and clarify. Litigation has a followed protocol that includes the following things:
The Steps to Take Before Going for a Proper Lawsuit
When one decides to go for defending their legal rights with the help of litigation, here are the following steps a litigation attorney must take:
Pre-Suit Negotiating:
Both parties know the struggles that come with a legal lawsuit and thus are willing to negotiate. A good litigation attorney designs a demand letter that is sent to the opposition claiming the evidence and proofs that are standing in the case. They hope that they will be providing the claimed money so that the case can be settled outside the courtroom. Insurance coverage and litigation are the prominent ones that go for such resolutions.
Alternative Dispute Resolution:
In this case, both the parties come along and follow up on this pre-suit process. At times, a litigation attorney also presents this case of arbitration in front of the opponent. Both parties in the case sit alongside a panel of attorneys who hold the responsibility of solving the case. The suing party puts a certain money value in front of the panel that is essentially required to settle the case. Both parties are allotted time to think and decide whether they would accept or not. If both of them accept, the case settles.
Official Lawsuit:
If the above-mentioned things don’t work out, the suing party moves to the court filing an official complaint and submits a copy of it to the opposition. It goes on like a regular lawsuit and can vary based on laws from states to countries. This is what many people consider as litigation.
Trials:
Once discoveries and motion practices are done and there is no scope of the case to move way too forward, the case moves towards the trial. Almost none of the litigation cases go towards the trial phase. It is an expensive and troublesome feature and both parties understand the hassle that comes with it.
Post-trial Litigation:
In this phase, the sued party steps again for negotiation and solving of the case. The company continues even after rendering the verdict. Litigation has two phases. Either it sorts up too early or it won’t sort for years, it all depends on the power of a good litigation attorney.
Here’s the complete detail about what happens under the litigation phase. Companies such as cheungtruslowlaw.com make sure that the cases are solved in the pre-suit phase most probably. There is a lot more to litigation than we all think.
