What is Litigation?
Litigation refers to the legal proceedings initiated between two parties to resolve a legal conflict. It involves much more than simply filing a lawsuit and encompasses various processes and activities that occur before, during, and after the trial. These can include pretrial negotiations, court motions, evidentiary issues, and post-trial appeals. Litigation is not limited to any specific field of law and can be found in both civil and criminal cases. In some instances, settlement agreements are reached between the parties or administrative courts handle the litigation, such as tax or immigration courts.
Litigation versus Mediation: Weighing the Costs
Deciding whether to pursue litigation is a significant choice, as the process can be lengthy and resource-intensive. Even seemingly straightforward cases involve numerous procedural aspects, resulting in potential expenses. Litigation costs can include serving legal documents, filing pre-trial motions, conducting investigations, gathering evidence, preparing for trial, hiring expert witnesses, post-trial activities, attorney fees, and other associated expenses.
While litigation costs can add up, it’s possible for the opposing party to be responsible for some of these expenses, including attorney fees, depending on the type of case, state laws, and the overall outcome.
Consideration should also be given to alternative dispute resolution methods like mediation. Mediation offers a faster and less costly approach. In this process, a neutral third-party mediator facilitates discussions between the parties to reach a mutually agreeable resolution. Cases such as child custody disputes often lend themselves well to mediation and similar alternatives.
Examples of Litigation: Diverse Cases, Comprehensive Solutions
While alternative resolution methods have their place, litigation remains necessary in certain scenarios to achieve complete resolution and legal binding. Some common examples of litigation include:
Personal Injury Litigation
Personal injury cases encompass a wide range of lawsuits, from car accident claims to complex medical cases like bulging disc diagnosis litigation. These cases often result in damages awarded to compensate victims for their injuries. Product liability and malpractice cases also fall under this category.
Government litigation involves claims related to federal, state, or local government agency matters. Environmental litigation, particularly those dealing with pollution and emissions regulation, often involves government entities. Additionally, litigation can arise from new laws, statutes, or acts, such as California’s Proposition 65, which addresses drinking water issues. False Claims Act issues involving fraud against the government also fall under this category.
Conflicts between businesses, complaints against businesses, and contractual disputes fall into the realm of business litigation. This type of litigation covers a wide range of issues, including transactional disputes, intellectual property, and antitrust litigation. Cases can vary in size, affecting small businesses, corporations, or even the general public through class-action lawsuits.
Real Estate Litigation
Real estate litigation deals with property disputes, such as landlord/tenant disagreements, title or deed conflicts, property damage claims, boundary disputes, easements, land use, zoning claims, and discrimination cases.
These examples merely scratch the surface of the broad applications of litigation. Other areas where litigation plays a critical role include family law, wills and trusts/estates, criminal law, and others.
Expert Guidance: Hiring a Litigation Attorney
Given the complexities of the litigation process, it’s advisable to enlist the assistance of an experienced litigation attorney. A skilled lawyer in your area can guide you through every step of your case, from preparation to representation. They will ensure you are well-prepared and supported throughout this often lengthy and intricate process.
At Garrity Traina, we offer the expertise and dedication you need to navigate the complexities of litigation successfully. With our knowledgeable attorneys by your side, you can trust that your legal conflict will be resolved effectively and efficiently.
Garrity Traina: Your Trusted Partners in Litigation.