Litigation

The process of filing a lawsuit, gathering evidence using formal court approved procedures, and moving toward a trial is called litigation.  Most cases resolve without the need for litigation.  However, if the at-fault party and/or their insurance company do not offer a settlement that is acceptable to you, a decision will be made regarding whether it makes sense to litigate your case.

 Formal litigation begins by filing a document with the court called a complaint.  We will file a complaint on your behalf if it makes sense to do so.  Once the complaint is filed a judge will be randomly assigned by the court system to your case.  We have no control over the judge assigned.

Sometimes the at-fault party or their insurance company hires a defense attorney immediately after becoming aware of your claim.  Usually, however, they wait until after the complaint is filed.  The defense attorney’s job is to use the litigation process to gather information, prepare the case for trial, recommend to the at-fault party or their insurance company whether or not to settle your claim, and try the case if it does not settle.