Understanding Litigation in Personal Injury Cases

Litigation is a term commonly used in the legal field, particularly in personal injury cases. It refers to the process of a lawsuit or other legal proceedings. Additionally, it encompasses the case itself and the expenses associated with it, such as attorneys’ fees.

What to Expect in Litigation

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If your personal injury case goes to litigation, there are several things you should be prepared for. Our attorneys at Garrity Traina can provide guidance on how to navigate this process. They will handle the preparation of the necessary documents for the civil courts and file the case in the relevant municipality where the injuries occurred.

During this period, both parties involved have an opportunity to receive and respond to information. Negotiations to reach a settlement may take place, and further investigation of the situation may occur. If a settlement is not reached, the next step is presenting a persuasive argument in court.

The Importance of an Attorney for Financial Recovery

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While many people choose to handle their auto accident claims or seek personal injury recovery without legal representation, having an attorney by your side can provide numerous benefits, especially in litigated cases. Representing yourself before a judge or jury in civil cases can be challenging. By retaining a legal representative, you have the advantage of someone experienced in settling claims and bringing lawsuits to trial.

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When is Litigation Necessary?

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In the majority of personal injury cases, a settlement is reached without going to trial. However, there are instances where filing a lawsuit becomes necessary, particularly if you have suffered significant injuries or damages. Not all cases that reach the litigation stage proceed to trial, as they may settle before appearing in court.

The Difference Between Litigation and Negotiation

Before litigation, you typically engage in negotiations with the insurance company and the defendant’s attorneys. Offers may be made, which you can refuse by presenting counteroffers. In the negotiation process, you have the option to accept or reject an agreement. In contrast, during litigation, the outcome and the compensation you receive are determined by an unbiased jury.

Will Litigation Prolong the Resolution?

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Litigation may potentially prolong the resolution of a case due to various factors. It involves multiple rounds of document submissions, hearings, and possibly a trial. If the case goes to trial, it can take weeks or even months to conclude. Additionally, the discovery process, where attorneys gather information from the opposing party, can contribute to delays. Litigation is known to be expensive, time-consuming, and stressful for all parties involved, which further extends the resolution timeline. However, in certain situations, litigation may be necessary to protect your interests or achieve an early resolution.

Comparing the Costs of Litigation and Negotiations

Litigation can be costly, particularly as it may take months or even years to complete. Legal fees and lawyer costs accumulate during this time. However, if you have a contingency arrangement with your attorney, you will only pay fees if they win the case and secure damages on your behalf.

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Why Personal Injury Cases May End Up in Litigation

Personal injury cases should proceed to litigation if the plaintiff is not satisfied with the settlement offered. It’s crucial to note that there are time limitations for making a personal injury claim. While some individuals may prefer to settle outside of court to avoid stress, this decision can be a mistake. Once you accept a settlement, you cannot revisit it later if you find it insufficient or change your mind regarding the appropriate compensation from the insurance company.

Understanding the Difference Between Litigation and Settlement

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Although litigation and settlement are sometimes used interchangeably, they have distinct meanings. Litigation refers to the formal process of resolving legal disputes in a court of law. On the other hand, settlement involves reaching an agreement to end a dispute or eliminate an issue.

By understanding the intricacies of litigation in personal injury cases, you can navigate the legal process more confidently. For expert assistance in personal injury litigation, contact Garrity Traina today.

Note: This article is for informational purposes only and should not be construed as legal advice. Consult with a qualified attorney for personalized guidance regarding your specific situation.