A comprehensive guide to litigation
Most of us associate the term litigation with negative connotations, not because we know what it means but because we only hear the term in suspenseful court scenes on TV shows. But what is litigation and do you know anything about it? Well, don’t worry, because we’ve got you covered. Continue reading and learn more about litigation.
What is litigation?
Simply speaking, it is the process of taking a dispute to court. It is a lawsuit where one person tries to hold another person accountable for wrongful doings and often ends with monetary compensation depending on who the court sides with. A litigation case is a long-winded and complex process. Usually, both parties will hire attorneys who have experience in litigation cases and who will have their best interests in mind. Trust Steger Law with your litigation case, they have over 30 years of experience in the field and their attorneys are the best in Florida. There 7 stages of litigation:
All litigation starts with this stage, and it may involve a private investigator. Your attorney will be the one who will decide what to look into and how to obtain proof. The main objective of this process is to find evidence that will be presented in court to back up your case and this may include things like forensic evidence, informal witness interview and even medical records.
Both parties must file for pleading in a litigation case; they are basic documents that explain the argument of both sides of the legal issue. This is usually broken into two parts: the complaint and its answer. The plaintiff will issue an official complaint with the court, which will be issued to the defendant. The pleading will explain the wrongdoing of the defendants and what they are being held responsible for. You have probably seen someone getting served in your favorite TV show, well this is what getting served means.
Once the defendant receives the official complaint, they may ask for further clarification from the opposing party or for correction of incorrect allegation(s). The defendant can even appeal the case in a court of law if they believe the litigation is unwarranted.
This is the part of the process where both parties try to learn as much as they can about the case at hand. This involves reviewing legal documents, interviewing witnesses, legal research and much more. It tends to be the longest part of the case and usually continues till you reach trial. The three main elements of discovery are deposition, obtaining witness and motion.
This is when the attorney of both parties meet before the trial for negotiations. Most of the time, settlement is reached at this stage.
If a settlement isn’t agreed upon during the pre-trial, the case is brought in front of a court of law, where both sides will argue their case. This stage sometimes only includes a judge, but a jury can also be involved in a jury trial. Prior to the actual hearing of the case, both attorneys will give the judge a brief of the case.
This is the final outcome of the case, and if it is a civil case, then the losing party has to pay a sum of money that the court decides upon to the winning party. Once the judge rules on the case, then the settlement is owed to the winning party and must be paid unless either party asks for an appeal.
If either side of the case is unsatisfied with the outcome of the case, then they can appeal the trial and they usually have 14 days to file for this after the court has ruled over the matter. If one party appeals the case, it will go to higher court, and a list of evidence that were presented during the original trial will be presented again in front of the appellate court. The appellate court will look if there was any legal error in the initial trial that could lead to a new trial.
Are you in need of a good litigation attorney? Then contact Steger law and our experts will help you out. With over 30 years of experience, we are one of the best litigation law firms in Florida.